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PACKET NOV 27 2001
�r 1UQJ City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 27, 2001 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 6-10 * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from A-R (Agricultural-Residential) to RS (Residential Single Family Dwelling) District for a 8.28 acre tract in Barrington Heights, located north of Delaware and west of Dowlen Road 2. Consider a request to remove one lot zoned GC-MD (General Commercial-Multiple Family Dwelling) District from the Oaks Historic District 3. Consider a request for a specific use permit in an RS (Residential Single Family Dwelling) District to allow the use of a trailer(mobile home) as temporary living quarters at 1825 Montrose 4. Consider a request for a specific use permit to allow the construction of a new church and associated support services in an A-R (Agricultural-Residential) District at 3810 North Major Drive at Folsom Drive 5. Consider a request for a specific use pen-nit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 2310 Morrison Street 6. Consider a request to abandon two 10' wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit One 7. Consider authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company S. Consider a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit 9. Consider a resolution authorizing the submittal of projects to the South East Texas Regional Planning Commission - Metropolitan Planning Organization (SETRPC-MPO) as candidates for selection and inclusion into the JOHRTS Metropolitan Transportation Plan - 2025 10. Consider a request to amend the 1999 Consolidated Grant Program by reprogramming funds from the Senior Multi-Family Housing line item to the Institute for Educational Advancement WORK SESSION x Review proposed Watershed Protection Ordinance COMMENTS • Councilmembers comment on various matters • Public Comment(Persons are limited to 3 minutes) RECESS OF REGULAR MEETING CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION 1. Consider a resolution authorizing the donation of funds from the Defeasance of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 CONVENE MEETING OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION 1. Consider a resolution authorizing Beaumont Multi-Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds (Regency Place Apartments Project) Series 2001 and Beaumont Multi-Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds (Regency Place Apartments Project) Taxable Series 2001; and other matters in connection therewith EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Professional Firefighters' Local 399 Claim of Bright Truck Leasing, L.P. • Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager and City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider a request for a zone change from A-R(Agricultural-Residential) to RS (Residential Single Family Dwelling) District for a 8.28 acre tract in Barrington Heights, located north of Delaware and west of Dowlen Road City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a request for a zone change from A-R(Agricultural- Residential)to RS (Residential Single Family Dwelling)District for a 8.28 acre tract in Barrington Heights, located north of Delaware and west of Dowlen Road. RECOMMENDATION The Administration recommends approval of the zone change from A-R(Agricultural-Residential) to RS (Residential Single Family Dwelling) District for a 8.28 acre tract in Barrington Heights, located north of Delaware and west of Dowlen Road. This will allow more residential development in the Barrington Heights Addition. The request complies with the Comprehensive Plan of Beaumont. BACKGROUND Talisman Development, Inc. is requesting the zone change in order to provide for 34 new lots in Barrington Heights. The development will continue the single family subdivision. Even though the A-R district permits residential uses, a minimum one acre lot is required. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 19, 2001, the Planning Commission voted 5-0 to approve a zone change from A-R(Agricultural-Residential)to RS (Residential Single Family Dwelling)District for a 8.28 acre tract in Barrington Heights,located north of Delaware and west of Dowlen Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from A-R(Agricultural-Residential)to RS (Residential Single Family Dwelling) District for a 8.28 acre tract in Barrington Heights, located north of Delaware and west of Dowlen Road. (Residential FILE 1592-Z: Request for a zone change from A-R(AgA611tural-Residential) to i gle Family Dwelling) district for Location: Barrington i (north I Delaware, I 1 1 Applicant: Richard Guseman for Talisman Development Company,Inc. RM H Cam-Monsoon�I 4 - !% // 2 Council consider a request to remove one lot zoned GC-MD (General Commercial-Multiple Family Dwelling) District from the Oaks Historic District City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a request to remove one lot zoned GC-MD (General Commercial-Multiple Family Dwelling) District from the Oaks Historic District. RECOMMENDATION The Administration recommends denial of the request to remove one lot zoned GC-MD (General Commercial-Multiple Family Dwelling) District from the Oaks Historic District. BACKGROUND Tony and Dana Archibald are planning to purchase two abutting lots at 2685 Louisiana Avenue. Lot 10 is occupied by a single family house. Lot I 1 abuts Eleventh Street and is vacant. Both lots are zoned GC-MD. Lot 10 was included in the original boundaries of the Oaks Historic District in 1993. Lot 11 is outside the district. The applicants have requested that Lot 10 be removed from the Oaks Historic District so that they may purchase the property and develop it without the burden of meeting the historic district regulations. When the District was created,care was taken to exclude the commercial properties along 11`h Street and Calder Avenue. The City did not want to hinder the operation of businesses with the historic district regulations. It is with that purpose that the vacant Lot 10,with direct frontage on 11 m Street, was left out of the district. However, the house was included in the district as it was recognized as an asset. The 1991 SPARE Beaumont survey lists this World War II era house as unique because of the hipped roof and almost square form. Since both properties are already zoned GC-MD, the property owner can use the property for whatever use is permitted in that district. While only a visual inspection of the house was made,the structure appears to be in fairly good condition. The structure could remain residential or be adapted to a number of uses. If the structure were in such a condition that warranted demolition,the Historic Landmark Commission would have to approve. In addition,the Landmark Commission would have to approve the appearance of any structure that is built on the property. What is of concern is the appearance of a structure that could be built on the property if it was outside of the historic district. A structure that is not sensitive to the historic district could have negative effects. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 19, 2001, the Planning Commission voted 4-1 to deny a request to remove one lot zoned GC-MD(General Commercial-Multiple Family Dwelling) District from the Oaks Historic District. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to remove one lot zoned GC-MD (General Commercial-Multiple Family Dwelling) District from the Oaks Historic District. �— NORTH d A FF:ILE -Z: Request to rem ove one lot zoned GC-MD-!"m the Oaks Historic 2685 Louisiana at 116 Street Applicant: Tony and Dana Archibald SCALE a V-200' s IQ J\\ i fET So N l t S r ' Nr 1b GC -MD 26M INTERSTATE 10 O O F7 N BEECH AVE. NEEC M x w J ,e ,. n ; ,t � „ I ,o � s sJ, I s s � .0 e r n :ri „ ,o i r s r r! Pe rd N rf r1 it x ,e a K ,f N I t, tOUisiwnA l,ISM1 j),wE. cat 4 LOUISIANA AVE- OP i IF I r 6 s . r r , s a „ o s IF i s r � � 7 W e ,) ,. j I kffiit&, r r W� ,e n is 1? a ; It I no P, iLAOrs AVE. i V s GLADYS AVE. ss 'ir s, so n IN of rs rs o. I re ,e it 1 of v s so? s i a w,cc,rrs $ S s. so ,. a a ff a s so r, ✓c M/LLdRC .gyp, — r - - 3 Council consider a request for a specific use permit in an RS (Residential Single Family Dwelling) District to allow the use of a trailer(mobile home) as temporary living quarters at 1825 Montrose City of Beaumont Council Agenda Item A - TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a request for a specific use permit in an RS (Residential Single Family Dwelling) District to allow the use of a trailer (mobile home) as temporary living quarters at 1825 Montrose. RECOMMENDATION The Administration recommends approval of the specific use permit in an RS (Residential Single Family Dwelling) District to allow the use of a trailer(mobile home) as temporary living quarters at 1825 Montrose for a period of 8 months. BACKGROUND Mr. and Mrs. Manning own a home at 1825 Montrose Avenue which was heavily damaged during the June storms. The house flooded and repair will cost more than the house is worth according to the owner. The applicants plan to build a new house on the property. This new house will be required to meet elevation requirements. The Building Official and Mr.and Mrs.Manning have discussed this. They ask that they be allowed to temporarily live in their travel trailer until the new house is constructed. The trailer will be set up on their Lot#10. They also own the western parts of Lots 7, 8 and 9. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 19, 2001, the Planning Commission voted 4-1 to approve the specific use permit in an RS District to allow the use of a trailer(mobile home) as temporary living quarters at 1825 Montrose for a period of 8 months and also a refund of the applicant's specific use permit application fee. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit in an RS District to allow the use of a trailer (mobile home) as temporary living quarters at 1825 Montrose for a period of 8 months and also a refund of the applicant's specific use permit application fee. FILE 1590-P: Request for a specific use permit RS (Residential Single Family NORTH Dwelling) district to allow the use of a trailer(mobile home) as temporary living quarters. ' Location: 1825 Montrose SCALE Applicant: William L. and Victoria L.Manning 1"=200' s • ' • ar . . .� . w- At ar D ' E of W Q Q � g Z 8 r � I Q • • x Jw Q S X . LP O � W G � r t� GF 115267 • 'I • Lor � ' AKI�d& 1..N t ! ��TA ri►•:i n.ic,+•,l i .�'r�..pirlr - � AL. , . } . .yam ".� :�'�� �• . , . .ano. ,. :II r .�y ..+•f •'f�wc�a. r: � �ier.'1,rli. ���f, rr <. —OT 10 L r• y/ gc:y- - = 'ter A.� '1...,• /i. I ,T�•r '_.._r _ �1•. 1 , TIVI.TLE F v � .ems, -. _ t I It ACNIVAAQ Will TO It=LU M*IaWAET W. NEOOAL OCR==OWAASI ,ARMT, CM"lTT•rAKL A*StS7 Dols C, SURVEY OF MIND 3.w". tut►*atuT LIES a I=M-S•. Lounm LOT 10, BLOCK 2 0 WO MIEMII!D IV SALE. ACTUAL list*ELEVATION AS AMELIA HEIGHTS THIRD ADDITION �AMA. WALL E DAVIS VMS NOT MUM?SDA SASanE 1825 MONTRO$JC TO iM WCJRACT a SCALE a SAID W. FINA MINES MINE BEAUMONT, JEFFERSON COUNTY, TEXAS -A-t'Ai AREA*07 500.72 FLOW. MOrE*TV LIES TO CE49A M. R. VOL. 5, PG. 122 ILL"617.02. BUYERS: WILLIAM LEE MANNTNC AND VICTORIA MANNING JULY 15, 1991 or I HEREBY CERTIFY THAT I HAV, PREPARED THIS PLAT 7&`+.f; TO FROM ANBACTUAL AND KACCURATE,SURVEY EFOF THE LAND AND KRAVIS NELL *Approval to allow the use of a trailer '` �° PROFESSIONAL OPINION THIS PLAT IS CORRECT AND BILLY J.HOWELL REFLEC"S THAT THERE ARE NO ENCROACHMENTS AT THE as tl;mporary living quarters at 1825 . TIME OF THIS SURVEY EXCEPT AS SHOWN iiihm laoa . f CONSUL T I NG ENG INEENS Ilf, Montrose for a period of 8 months. 9YO:�s+M+ yoe ,(Jl�� _;__ ._, '��' 6-1 O r'ROIFSSIINAL I AND 3UP19 f00 11 r r Ill Ipi,ill, i t r 4 Council consider a request for a specific use permit to allow the construction of a new church and associated support services in an A-R(Agricultural-Residential) District at 3810 North Major Drive at Folsom Drive City o f Beaumont Council Agenda Item • TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow the construction of a new church and associated support services in an A-R(Agricultural-Residential) District at 3810 North Major Drive at Folsom Drive. RECOMMENDATION The Administration recommends approval of the specific use permit to allow the new church,subj ect to it being required to install and construct an 8'tall screening fence and 10'wide landscaping buffer along the east property line except for the North 296'. BACKGROUND The Wesley United Methodist Church purchased the west 21 acres of a 40 acre tract owned by the First Baptist Church. The Baptist Church had received a specific use permit for a private elementary school on the most southwest 6-3/4 acres of the tract in 1995. Then they sold the east 19 acres of the 40 acres to others. Wesley plans to build a new 17,500 square foot sanctuary and an attached 10, 500 square foot administration area with classrooms. They will construct a chapel and additional classrooms in the future. The church will use the existing 14,000 square foot gymnasium and existing 30,000 square foot classroom area, which is attached to the gym. A 4,100 square foot youth addition will be constructed on the front of the gym. There will be a parking lot along the east side of the tract to accommodate 160 vehicles. Other church related structures will be built in future phases. These will include a scout but and athletic/play area, also to be on the east side of the 21 acre tract. The 19 acres abutting the church tract is also zoned A-R, which allows one acre homesites in addition to agricultural uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 19, 2001, the Planning Commission voted 5-0 to approve a specific use permit to allow the construction of a new church and associated support services in an A-R District at 3810 North Major Drive, subject to it being required to install and construct an 8'tall screening fence and 10'wide landscaping buffer along the east property line except for the North 296'. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the construction of a new church and associated support services in an A-R District at 3810 North Major Drive,subject to it being required to install and construct an 8' tall screening fence and 10' wide landscaping buffer along the east property line except for the North 296'. FILE 1591-P: Request for a specific use permit to allow the construction of a new church and associated support services in an A-R(Agricultural-Residential) district. Location: 3810 North Major Drive at Folsom Drive. Applicant: Marty S. Vershel for Wesley United Methodist Church N C� A R R - H R-M - H W GC=MD= 'O FOLSOM EMSION A . R CALL LOCATION MAP mnPTW Nn cr%al c l591-f . WON �.� w�rrwM I"�m low&Mi1011 I n LACOUPwaa 1ILLIoR�w� q1IY PAL eft IVIL MNAGotTM RATS RLUW.M"It WcN rp1Ja sr.avwc� 0.AM A p1 to ac 4 0.M M R1W0 ' !b Ml M sac 40. • ._._._._._._._._._ _._. ._. .� _ U UMLIM I Bad W.a. -- waow way t""1 wrtn.� a •—��.i.a.l essn�leoai I ,...1011. w. wr.r. aaru"rot"I o�rir.i iwr.M•. I I I �--_-- wrr.ra � I I ip11 m ate• Ce I I I I I I I • I I I I ao. I I I L iaocao M.1sri iac I . 1 I I L 1 ww.am� ia� M I \ w w1. W: ies r.w. I I J "°°`w.a-V \ I I j I I V. MINA"I O I I I I I I I I � t.W e. PIMW+f: j C=E C1 �Pi I I I I I I PIMP..+"" -•_.-._._._._._._._._._._._._.J._i_._._._._._._._._._._._._._._. ._. ._._._=.=.- -.-•-•-•-•-•-•-•- *Approval subject to it being required to MAJOR DR., install and construct an 8'tall screening QSUMA� fence and 10' wide landscaping buffer mom C.Mr M Aa" a OffeW:"a;`M,M.M 11 AM a ' ` along the east property line except for ; ; the North 296'. AOtlRO Pa+Y1�1178 M1"A100/!� 5 Council consider a request for a specific use permit to allow a beauty shop in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 2310 Morrison Street City of Beaumont Council Agenda Item A ° L TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a request for a specific use permit to allow a beauty shop in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 2310 Morrison Street. RECOMMENDATION The Administration recommends approval of the specific use permit to allow a beauty shop in an RM-H (Residential Multiple Family Dwelling-Highest Density)District, subject to the granting of a special exception by the Zoning Board of Adjustment for parking or the street right-of-way abandonment by City Council at 2310 Morrison Street. BACKGROUND The owner, Mrs. Annie Solomon, wants to let her granddaughter who is in beauty school, use the existing 14'x 29'wood building located in the back yard as a beauty shop. This building sits on the foundation of a former barber shop. The barber shop had been closed for several years. The building was dilapidated and was torn down. A new one is being built in its place. No building permit was acquired and a stop work order was issued by the Building Permits Division. The new building sits right on the rear property line. The back yard faces a dead-end of Porter Street (unpaved and access will be from Porter Street and not Morrison Street. The use,as proposed,would not be detrimental to the neighborhood. However,there is no room for parking, except that designated on city right-of-way. As a result,parking would have to be waived through a special exception by the Zoning Board of Adjustment or the street right-of-way would have to be abandon by City Council. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held November 19, 2001, the Planning Commission voted 5-0 to approve a specific use permit to allow a beauty shop in an RM-H District at 2310 Morrison, subject to the granting of a special exception by the Zoning Board of Adjustment for parking or the street right-of-way abandonment by City Council. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request fora specific use permit to allow a beauty shop in an RM-H District at 2310 Morrison, subject to the granting of a special exception by the Zoning Board of Adjustment for parking or the street right-of-way abandonment by City Council. „ FILE 1593-P: Request for a specific use permit to allow a beauty shop in an RM-H NORTH (Residential Multiple Family Dwelling - High Density) district. Location: 2310 Morrison - '��"'! Applicant: Annie Solomon SCALE P=200' Ot fill ; or A 15 ./I/ I t j •� / . . / . � I � j ° ! o , R!� a Aw i � n �r• tI N • T • , � „ `a r, • i lNERIIAN r �' I v I I LIEA J I I r'r /000 s SHERIWI ST. 10 so X00 a.s ti As ao - • s + AM ?me top � • / : � • 9 /O 3� r e A"d ,/'• _ ors me ws BRADLEY T. 3 � H ,.�, dwd to 1 . ?l• t!s p ) • b N , .Wf �o wr3 -P, { i . �- -lv 50 ,� . , • N 3n N R ao II f s - �n a e 3D-1 •�// _ ~ PORTER ST. . ' i 3 r m , or l0 30 7117 a rE �• .• .• •T .• � t r z, s, r, >c 92 �rc N •' s . s jr Ali 4 s • a /. /I . 4 $ 1 ► � . p • • II /I • 1 !• d, 40 1/ I, • • .t I• ITN 4g II r f V � 1 � � N ,� /• H • 7 4 t to !O 50 60 i0 / 50 //6 ?O 30 I.I �t r T • / , Io „ ^ �, ' . s 2 •i T I • ,^ / t s . r 3 • T • , Io c DO CE.T 50 514 60 30 DOUCETTE AVE. �4G10 0 - I - - 10 so - so 30 . - - r. CUD) I-. W \ o: y o a 9 v Mf:� a a } /I /7 /• ,! /1 /! It // /o N �, Is • II I! !. Is N v _ _ ,t t/ t0 /, I• Is N fJ "r; }i ip SO SO .a 30 - Al C 50' M ADISON AVE. 50 - - - :30 S0 . . _ - O - - - 0 d7 r , , Io n g , e t . s • I T • ,� �� r s • s , T • , Io IIO I r I2 flo /3 a � kA � T o �r 7 Z d �s0 - 91 I I * V) // C T � :t eo c DOID'� W iN •(✓ ® � �' T v n , J JIM i r 1 " Q 1 i ' C•�r p c r4- -7 he t (Y� o r n + S O A -A-L. *Approval subject to the granting of a special exception by the Zoning Board of Adjustment for parking or the street right-of-way abandonment by City Council. b o r- t ,,,y p r- o p4e 41 6 T Are-, Oro-, N .J1 . 2 � 1 a� �Ca p J - IL of V) 4. _x -i- v -v T -W 1 � -, OILS i (i f t 6 Council consider a request to abandon two 10' wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit One Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a request to abandon two 10' wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit Onc. RECOMMENDATION The Administration recommends approval of the request to abandon two 10' wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit One. BACKGROUND Adam's Storage, L.P. is the applicant. The subject property is controlled by Bruce A. Craig, President of Centurion Capital,Inc. He owns Lots 1 -6,Block 2, Suburban Acres,Unit One,which front on Old Voth Road and Lots 13 - 16 which front the Eastex Freeway. A Mr. Hargraves owns Lots 17 - 19, also fronting on Eastex. All of Block 2 lies between Old Voth Road and Eastex Freeway, north of Lawrence Drive. All of the lots in the block are zoned GC-MD. This section of Suburban Acres was platted in 1955,when the Eastex Freeway was under construction by the State. A 30' lateral ditch extending through the middle of Block 2 was platted and owned by the LNVA. This lateral has since been abandoned and quitclaimed to Mr. Craig's company. A note on the 1955 subdivision plat stated that there would be "...10' utility easement on all rear lot lines." The lots on Voth Road are wooded and not developed. But Mr. Craig has future plan to use the property in one of his business ventures. Therefore, the request to abandon the easements. Mr. Hargrave of Galveston who owns Lots 17- 19 has not responded to Mr. Craig's request to sign off on the petition to abandon the easements. Lots 17 - 19 are being leased from the owner for a heavy equipment rental company. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held November 19,2001,the Planning Commission voted 5-0 to approve the request to abandon two 10' wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit One. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon two 10'wide unused utility easements lying at the rear of Lots 1-6 and 13-19, Block 2 of the Suburban Acres Addition, Unit One. 9=% & AaA FILE 618-OB: Request to abandon a 10' utility easement on either side of abandoned NORTH lateral crossing. Location: Lots 13-19, 1-6,BUL 2 Suburban Acres Applicant: Bruce Craig SCALE 1"=200' t as s� x say r M o j 10'EASEMENT fs 0, ,so �cP r0 s , 10'EASEMENT :se 4 _ o � �rrM • ,� p� 10'EASEMENT < � 1 O a+� � \ �• .co O yar • ��RE�� �NCE�Ft. +nt,cs w No 111• 1 `. C p H • D O '� Z a .tsn 4 y x ' ` � . \ - � ~_^ W. B. DYCHES LEAGUE ABSTRACT NUMBER 17 TRACT 3 o.366 AC. TRACT IA UNIT ONE 2.404 AC SUBURBAN ACRES lb 2L&u� 1p t F 7e��-: TRACT JOT 7 Council consider authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company City of Beaumont � K Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 21, 2001 REQUESTED ACTION: Consider authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company. RECOMMENDATION The Administration recommends approval of a resolution authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with TE Products Pipeline Company that will expire December 31, 2001. The new contract with TE Products Pipeline Company will be effective January 1, 2002. The in-lieu of tax payment will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2002-2004 and 75% of property taxes due to the City in 2005-2008. The 2002 payment by TE Products Pipeline Company will be$52,619. Payments will be due to the City by February the I" of each year. BUDGETARY IMPACT Industrial payments are estimated to total $11,728,700 in FY 2002 which are approximately 17% of the General Fund revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute an Industrial District Contract with TE Products Pipeline Company. 100°25/2001 09:33 4098803112 CITY MANAGERS OFFICE PAGE 02 THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY,"and TE PRODUCTS PIPELINE COMPANY,LIMITED PARTNERSHIP, its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and Improvements which are a part of the manufacturing,industrial,and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS,the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: GAM AGREEMEMTan 6ebm Prod-a-M.wpd lie 10/25/2001 09:39 4098803112 CITY MANAGERS OFFICE PAGE 03 ARTICLE I. COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2002 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100%valuation for TE PRODUCTS PIPELINE COMPANY, LIMITED PARTNERSHIP, properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term"assumed City taxes due"shall be calculated by the following formula: Assessed Value+ 100 x the current ad valorem tax rate by City Council of City=Assumed City Taxes due. 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2002 shall be in the amount of$52,619 and shall be due and payable on or before February 1, 2002_ The 2002 payment is calculated as follows: Assumed City Taxes Due: $10,356,080 / 100 X 0.635 = $65,774 Year 1 80% of Assumed City Taxes Due = $52,619 Each October thereafter,the Finance Officershall obtain the most recent assessed values as set by the Jefferson County Appraisal Districtfor the Company`s properties, real, personal and mixed, having taxable sites within the areas described in this agreement;for G MAGREEMEN1TOM Eacbm Prod-841.wpd 2/8 10i25/2001 09:39 4098803112 CITY MANAGERS OFFICE PAGE 04 personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2002, the 2002 assessed values shall be used for the February 1, 2003 payment. This assessed value less exclusions as described in Article 10 shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment,without interest,will be made within thirty(30)days following such resolution. (b) After the assessed value of the Company's properties have been determined, the payment to City shall be 80% of assumed City taxes for the years 2002, 2003 and 2004, and 75%of assumed City taxes for the years 2005,2006,2007 and 2008. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely,final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date,the same penalties,interest,attorneys'fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment Is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ©*-W, AGREEMEMTexn Ea Wn Prod-"i.wpd 3/8 10/25/2001 09:39 4098803112 CITY MANAGE-RS OFFICE PAGE 05 ARTICLE II. PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III. SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made.. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. ARTICLE W. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in anyway cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company In accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated C3:MAGREWEMTeem EaAefn Prod-M.wpd 418 10/25/2001 09:39 4098803112 CITY MANAGERS OFFICE PAGE 06 to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or(c)attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the teen of this agreement or any _renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that therefore, in addition to any action at law for damages which either party GAMAGREEMEMTms BtAwn Prod•841.wpd 5/8 10/25/2001 09:39 4098803112 CITY MANAGERS DICE PAGE 07 may have,Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages,to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VII. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's"affiliates"and to any properties owned or acquired by said affiliates within the area described in Exhibit "A"to this Agreement, and where reference is made herein to land,property and improvements owned by Company,that shall also include land,property and improvements owned by its affiliates. The word"affiliates"as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent(50°x)or more of the stock having the right to vote for the election of directors. ARTICLE Vill, TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2002, and ending on December 31, 2008. GUCGAGREEWN%Tw=Ewtwn Prod-"twp4 0/8 10/25/2001 09:39 4098803112 CITY MANAGERS OFFICE PAGE 08 ARTICLE VIII. NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager TE Products Pipeline Company, City of Beaumont Limited Partnership P_ 0. Box 3827 Attn: Devreux Broussard Beaumont, Texas 77704 P.O. Box 2521 Houston, Texas 77252-2521 ARTICLE X. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or aocruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 8 pages plus Exhibit"A", Is executed in duplicate counterparts as of this day of _ 2001. CITY OF BEAUMONT, TEXAS By: Stephen J. Bonczek City Manager ATTEST: Barbara Liming City Clerk G.WM AGRUMEN1Texas Eastem Prod-8-01.wpd 7/8 1Z/25/2001 09:39 4098803112 CITY i+TANAGERS OFFICE PAGE 09 By. 2z,1,1r 10 -79,6 Charles H. Leonard ATTEST: Senior Vice President and Chief Finance Officer Texas Eastern Products Pipeline Company, L 1- General Partnership G:%CG1AGRE£MEN\Tw=Eastern Prod-"I_wpd 8/ 8 8 Council consider a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the National Pollutant Discharge Elimination System(NPDES) Permit City of Beaumont �• Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman Inc., for engineering services associated with the City's NPDES Storm Water Permit. BACKGROUND In 1990, Congress passed the Clean Water Act (CWA) which, with subsequent amendments, established the National Pollution Discharge Elimination System (NPDES) which requires cities having populations greater than 100,000 people to obtain a permit to discharge storm water collected by the city's storm sewer system into "public waters." In compliance with the provisions of this legislation the City of Beaumont and Jefferson County Drainage District No. 6 (DD#6), applied for and, effective October 1, 1998, were issued by USEPA, a permit for the discharge of storm water to the Neches River and Hillebrandt Bayou. The NPDES Storm Water permit requires the City to monitor the quality of storm water discharges and to report the findings annually to USEPA Region 6 in Dallas. The permit also requires the implementation of Best Management Practices (BMP's) designed to reduce to the maximum extent practicable pollutants borne in storm water collected by the City's storm sewer system. Accomplishing these goals will require: 1) extensive field collection and laboratory evaluation of storm water sampling data; 2) creation of various databases to track and evaluate the effectiveness of the many BMP's required by the permit; 3) training City field personnel to recognize and properly report various environmental conditions affecting water quality; 4) qualification and quantification of data in an effort to evaluate the effectiveness of individual and collective BMP's; 5) the compilation of data required by USEPA, and; 6) the preparation of annual and interim reports to USEPA and Texas Natural Resource Conservation Commission (TNRCC). Public Works/Engineering has limited staff assignable to the accomplishment of the work required by the NPDES Storm Water Permit and has determined that the services of a professional engineering group will be needed to augment the efforts of City personnel. The Engineering group will assist in: 1) the preparation of BMP guidance documents and training workshop materials; 2) the preparation of reports; 3) the formulation of local Ordinances which may be required for the proper implementation of the BMP program and; 4) to lend a national presence to the City's interface with USEPA. Total expenditure for the next 12 months is estimated not to exceed $242,350. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the City's NPDES permit. C&B2001.wpd November 20,2001 ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAU;VIONT CONTRACT FOR Engineering and Related Services for City of Beaumont Municipal Separate Storm Sewer System Permit This Agreement made and entered into in Beaumont,Jefferson County,Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed CITY, and Carroll & Blackman, Inc. duly licensed, and practicing under the laws of the State of Texas, hereinafter termed ENGINEER, said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council,and by said Engineer for Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description See Attachment A B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer,in consideration for the compensation herein provided,shall render all professional services necess2ry for the development of the Project as described in section H of this Agreement. C. Any subcontractor to be utilized for the project must be approved by the City prior to conducting any work related to this contract. II. Basic Services The Engineer shall perform the basic services under this Contract which are outlined in Attachment B. J:\55Q0\5552\WP\5552-OOIAGRWPD PAGE I III. Additional Services All work that will be performed by the Engineer at the Request of the City that is described in this paragraph and not included in the paragraph above, shall constitute Additional Services. Additional Services shall include,but are not limited to the following: A. Design services B. Service required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of consulting with the City or its attorney. C. Preparation of any special reports,applications for permits or grants,and appearances before any regulatory agencies or public hearings not included in Section U. D. Any revision of previously approved work. E. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. F. Preparation of exhibits. G. Soil and foundation investigations including field and laboratory tests, borings, related engineering analysis, and recommendations. H. Additional services due to significant changes in scope of the Project or its design including but not limited to changes in sizes,complexity,or character of construction as agreed to by both parties. I. Providing services after issuance of Letter of Acceptance from the City. IV. Coordination A. The Engineer shall hold periodic conferences with the Director of Public Works or his representatives to help ensure that the Project as,developed shall have the full benefit of the City's Experience and knowledge of existing needs and facilities, and ? be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the Project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if so instructed by the Director. J:`M00\5552\WP15552-001AGR.WPD PAGE 2 B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data,prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and N. B. Attachment B Scope of Services The basis of compensation for the scope of services outlined in Attachment B shall be a basic fee plus direct charges or reimbursable expenses. The basic fee for all services and for direct charges shall be based on Attach_ment C,Engineering Fees,as extended for actual hours expended on project work. C. Estimated Compensation For the services described in Sections II and IV the basic fee plus direct charges are estimated to be S 242 350 . A breakdown of estimated costs by major scope item is shown in Attachment D. 1:15500\5552\WP\5552-00 IAGR.WPD PAGE 3 D. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the rates noted in Attachment C. E. Charges for major subcontractors utilized for the project, e.g. consulting engineers, laboratory services, shall be charged at direct cost, without any mark-up. VI. City Payments A. Payments shall be made to the Engineer based on the phases as described above and in accordance with the following: 1. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five(45) days after submittal. C. A past due charge of 1.5%per month will be added to all statements past due forty- five (45) days after submittal of the payment request. D. The City reserves the right to make an audit of charges claimed for this contract for services. VII. Ownership of Documents All documents including original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Anv re-use without specific written verification or adaptation by Engineer will be at the City's sole risk and without liability or legal exposure to the Engineer. VIII. Termination Either parry to this Agreement may terminate the Agreement by giving the other thirty(30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the other, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this 1:\5500\5552\WP\5552-001AGR.WPD PAGE 4 Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges for services actually performed under this Agreement that are applicable and useable on this Project, less such payments on account of the charges as have been previously made. Copies ofreports or other documents prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VII. B. Failure by the Engineer to complywith the submittal of the statement,and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement IX. Engineers Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person,other than a bona fide employee working solely for the Engineer, any fee, commission, percentage,brokerage fee,gift,or any other consideration,contingent upon resulting, from the award or making of this contract. X. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the.written consent of the Citv. XI. Indemnification/Liability The Engineer shall save harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from an error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses,including attorne, fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: 1:\5500\5552\WP\5552-001AGR.WPD PAGE 5 Comprehensive General Liability and Auto Liability Insurance shall not be less than $200,000.00 per incident/ $500,000.00 per occurrence. The certificates shall contain a provision that the City shall be notified thirty(30)days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provisions hall be made without thirty(30 ) days written notice to the City. XU. Estimates of Cost Since the Engineer has no control over the cost of labor, materials or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of this experience and qualifications and represent his best judgement as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals,bids or the construction cost will not vary from opinions of probable cost prepared by him. XIH. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer of employee. JA5-;00\555ZWP\5552-00IAGRWPD PAGE 6 XIV. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement maybe amended only by written instrument signed by both the City and Engineer. IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of the City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Kim Carroll thereunto authorized president, does now sign, execute and deliver this document. Executed in Beaumont,Texas,on this day of CARROLL & BLACKMAN, INC. CITY OF BEAUMONT m L. C oll, P. City Manager President Attest: Attest: Norman Blackman, P.E. City Clerk Vice President J:\5500\5552\WP`5552-001AGR.WPD PAGE 7 ATTACHMENT A PROJECT DESCRIPTION The project consists of the management and facilitation of required activities related to the National Pollutant Discharge Elimination System Permit (NPDES) TXS000501 issued by the Environmental Protection Agency for the discharge of storm water to the Municipal Separate Storm Sewer System (MS4). The permit requires the documentation of existing programs and the implementation of new programs that are designed to positively impact the quality of storm water discharge into U.S. waterways. Collectively these numerous management practices are referred to as the Storm Water Management Program and is included within the permit as an additional section. Some of the management practices include required screening programs established to monitor pollutants entering the MS4. These screening programs will involve dry and wet weather sampling of all major storm water outfalls and extensive surveys designed to target dry weather discharge. The permit also includes required storm water monitoring programs consisting of storm water sampling for a list of pollutants to be completed at a minimum of three times per year. The data gathered from the documentation of management practices and laboratory analysis of storm water samples will be compiled into reports as outlined by the permit. Within each of these reports will be some degree of management practice evaluation and revision. Statistical data interpretation and modeling will accompany the reports as support documentation for evaluation statements. Attachment B Scope of Services Carroll &Blackman, Inc. For City of Beaumont Engineering and Related Services Supplemental Assistance for NPDES MS4 Permit Compliance I. Watershed Protection Ordinance A. Implementation Assistance 1. Drafting of guidance documents for internal implementation and enforcement education related to the ordinance. 2. Education and coordination with field inspectors. 3. Public Education Programs associated with the ordinance. 4. Workshops with City Council. 5. Finalizing internal documentation and training for final implementation. II. Household Hazardous Waste Collection Facility A. Identify collection facility site. B. Meetings and preparation of initial design concepts for the collection facility. C. Research on collection rates and facility costs. D. Associated public education programs. III. Industrial Facility Inspection Program A. Update list of industrial facilities for inspection. B. Redistribute a target questionnaire. C. Questionnaire data analysis. D. Determination of facility inspection program priorities. E. Identify High Risk facilities. F. Drafting of internal guidelines on program implementation. IV. Guidance Development for Public Distribution Deg e;op guidelines for targeted audiences. B. Develop distribution lists for each audience group identified. C. Develop system for tracking and reporting of document distribution. D. Associated public education programs. V. New & Redevelopment Program A. Drafting of guidances for plans review and approval process. B. Development of storm water control structures specifications. C. Associated public education programs. VI. Best Management Practice Implementation A. Education of City department heads on new Best Management Practices. B. Development of City department procedures. C. Identification of compliance documentation requirements. D. Development of reporting procedures. VII. Data Analysis and Reporting A. Data Interpretation. B. Annual report development. C. Production of annual report and compliance database. VIII. Public Education Programs A. Drafting of storm water quality brochures. B. Drafting of water utility bill inserts. C. Preparation of materials for PSA's, radio spots and the public access channel. D. Preparation of materials for distribution at trade shows. IX. Mapping A. Update mapping required for storm water management. B. Addition of new outfalls and storm water conveyances. C. Update watershed delineation maps for Beaumont. X. Municipal Industrial Facilities A. Implementation assistance of the SWPPPs B. Conduct employee training C. Monitoring as required by the TPDES General Permit D. Annual Evaluations and Updates to the SWPPPs arroll & Jackman CONSULTING EVGINEERS &SURVEYORS rlC. since 1944 ATTACHMENT "C" ENGINEERING/SURVEYING FEES 2009 Principal-Registered Professional Engineer $105.00 per hour Registered Professional Engineers and/or Registered Professional Land Surveyors $ 85.00 per hour Computer Programming Specialist $100.00 per hour Environmental Specialist $ 85.00 per hour Engineer In Training (EIT) Level 1 $ 58.00 per hour Level 2 $ 66.00 per hour Technician VI (Project Manager, Sr. Designer, Real Property Spec.) $ 80.00 per hour Technician V (Designer, Survey Coordinator) $ 64.00 per hour Technician IV (Autographics Operator, Office Survey Technician) $ 52.00 per hour Technician III (Jr.Autographics Operator, Field Survey Party Chief) $ 45.00 per hour Technician II (Data Entry/Field Survey Technician) $ 38.00 per hour Resident Project Representative $ 50.00 per hour Secretary/Typist $ 35.00 per hour Two Man Survey Party $ 81.00 per hour Three Man Survey Party $114.00 per hour Four Man Survey Party $142.00 per hour Two Man Survey Party (Haz-Mat Trained) $110.00 per hour GPS Receivers (Base and Rover) $ 50.00 per hour GPS Receivers (Base and 2 Rovers) $ 75.00 per hour All Terrain Vehicle (4 Wheeler) $ 75.00 per day Boat with Motor $ 50.00 per day Reproduction/Plotting in our Office $ 0.25 per sq.ft. Reimbursable expenses such as outside reproduction services, courier service, photo processing, and sub-consultant services will be invoiced at cost plus 10%. Survey crew charges include travel time from our office in Beaumont to and from the work site. Rates include all local transportation (within Jefferson, Orange, Chambers and Hardin Counties) and all normal field and office equipment. Rates are adjusted as necessary at the beginning of each calendar year to reflect increases in cost of operation, inflation, etc. Notification of rate adjustment will be given approximately 30 days prior to effective date. 4P- 1360 7th Street, Beaumont, Texas 77702 • (409) 833.3363 • F-LY(409) 833-0317 J:TILLINGtRate Sheet5\2001 STO Rate wod 9 Council consider a resolution authorizing the submittal of projects to the South East Texas Regional Planning Commission- Metropolitan Planning Organization(SETRPC-MPO) as candidates for selection and inclusion into the JOHRTS Metropolitan Transportation Plan- 2025 1 City of Beaumont C Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a resolution authorizing the submittal of projects to the South East Texas Regional Planning Commission - Metropolitan Planning Organization(SETRPC-MPO)as candidates for selection and inclusion into the JOHRTS Metropolitan Transportation Plan - 2025 (MTP-2025). RECOMMENDATION Administration recommends authorization to submit candidate projects to the SETRPC for inclusion in the JOHRTS MTP-2025. BACKGROUND The SETRPC-MPO provides direct input for project submittal to Federal and State funding categories. Projects will be evaluated and scored by the JOHRTS Technical Advisory Committee. These scores and project readiness results will be used to determine when and if projects will be included in the financially constrained components of the MTP. In order to spend Federal dollars on Iocal transportation projects and programs, a metropolitan area must have a metropolitan transportation plan and a transportation improvement program. The MTP's financially constrained component constitutes projects that have identifiable funding sources during the MTP planning horizon (normally 1 to 20 years). The JOHRTS Technical Committee will review and approve the project ranking and list as appropriate for inclusion in the MTP and upon adoption will be included. Project selection is based on project submittal guidelines requiring that the roadways appear on the "Beaumont Urban Area Functional Classification Map. These projects are as follows: • Washington Boulevard (Langham to Major Drive) Widen to four (4) lanes. • Dowlen Road Extension (College to Washington) Construct new four (4) lane, divided roadway. • Delaware Extension (Dowlen to Major Drive) Construct new four (4) lane, divided roadway. • Main Street Reconstruction (Blanchette to Calder) Reconstruct the present roadway. • Phelan Boulevard (Major to Keith) Widen to four (4) lanes. • Old Dowlen Road (Dowlen to Highway 105) Widen to four (4) lanes. • Transit Improvement Program (Central Business District) Engineering study to develop a Master Plan addressing pedestrian accessibility and mass transit needs. BUDGETARY IMPACT Eighty percent(80%)of the project cost will be provided by Federal, State and local sources, with the Federal sources providing the largest portion(77%). The remaining 20% will be provided by the local sponsor (City). PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer, and Transportation Director RECOMMENDED MOTION Approve/Deny amending a resolution authorizing the submittal of projects to the SETRPC-MPO and, upon inclusion into the Metropolitan Transportation Plan, committing the City to a twenty percent (20%) participation in the project cost. to Council consider a request to amend the 1999 Consolidated Grant Program by reprogramming funds from the Senior Multi-Family Housing line item to the Institute for Educational Advancement ,soft-, City of Beaumont uw_ Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Janett Blunt, Grants Techniciarx* MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 19, 2001 REQUESTED ACTION: Council consider a request to amend the 1999 Consolidated Grant Program by reprogramming $10,300, from the Senior Multi-Family Housing lime item ($30,000), to the Institute for Educational Advancement. RECOMMENDATION Staffrecommends Council amend the 1999 Consolidated Grant Program by reprogramming$10,300, from the Senior Multi-Family Housing line item ($30,000), to the Institute for Educational Advancement. BACKGROUND The funds will be used to support Ben's Kids,an outreach support program providing counseling and activities for youth residing at a local juvenile facility,and for computers and other office equipment. BUDGETARY IMPACT The Administration recommends that $10,300 from the 1999 Consolidated Grant Program be reprogrammed to the Institute for Educational Advancement. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, and Grants Administrator. This item was placed on the agenda at the request of Councilmember Becky Ames and Mayor Pro-Tern Guy Goodson. RECOMMENDED MOTION Approve/Deny a request to amend the 1999 Consolidated Grant Program by reprogramming$10,300 from the Senior Multi-Family Housing line item ($30,000), to the Institute for Educational Advancement. Page 2 REVISED APPLICATION FOR 2001 PUBLIC SERVICE GRANT A. Vital Statistics 1. Name of Organization The]EA—Inspire,Encourage Achieve Contact person/Title Becki Stedman, Executive Director Address 595 Orleans, Suite 920 Bmt. TX 77701 Telephone/Fax Phone 839-8778 Fax 832-6385 2. Program year 2001 Amount of CDBG funds requested $ 10,300 3. Proposed number of beneficiaries 743 + (All youth who enter the Minnie Rogers Juvenile Detention Facility) 4. Check one [ ] New Service [x] Quantifiable increase in level of service 5. 5010 3 Non-Profit Organization Yes B. Program information 7. Briefly describe the capacity of the organization and its ability to implement and manage the proposed activity. The IEA is a private, non-profit organization created to perpetuate the late philanthropist, Ben Rogers', legacy of helping individuals achieve dignity and respect through knowledge, compassion, understanding, and love. Rogers' wife, the late Julie Rogers, founded the IEA, along with their daughter Regina Rogers who ensures her father's wonderful legacy lives on by providing hands-on leadership. To date, Rogers has donated over $430,000 to the project. Shortly after its inception, the LEA's mission of helping at-risk youth was specifically focused on providing rehabilitative services to youth residing at the Minnie Rogers Juvenile Detention Facility (NUMF) 75% of who are from the city of Beaumont. In the last twelve months (May 2000-April 2001), IEA has provided: • 4,757 impact hours (number of participants multiplied by the number of instruction hours) in Positive Life Skills Training with over 360 youth participating; • 1,215 impact hours of group substance abuse counseling with over 293 youth participating and; • Individual substance abuse counseling, between May 2000-April 2001, has resulted in 930 hours of counseling to 372 youth. Dr. Jennifer Frisbee of Lamar University recently conducted a survey, which indicated the IEA is distinct in the rehabilitative services it is making available to the youth in the detention center. 8. Briefly explain how CDBG dollars will assist the organization in implementing the proposed activity. The IEA would like to locate eight (8) computers and two (2) printers in the new Minnie Rogers Juvenile Detention Facility (MRJDF) once it opens in February 2002. The IEA would also like to make available 200 books at various reading levels to the new NIRJDF. During the past year, the IEA has been able to supply the N4RJDF with educational software for two used computers that were donated by Judge Larry Thorne. Unfortunately the two computers are outdated and not all of today's software is compatible. There will also be a room available to develop a library. The new MRJDF will have the capacity to hold, at any one time, 48 youth between 11 and 17 years of age, and is estimated to house over 743 youth the first year it opens. Eight computers and a small library would offer each child daily time on the computers so they might enhance his/her knowledge and have the opportunity to increase reading levels. We often hear that "learning is fun," and that can be true. The IEA believes that to engage a child in learning he/she must be encouraged. With new computers that are compatible with existing software and a selected list of reading materials, the IEA instructors and the detention staff will be able to enhance the learning process and assist each child to reach their fullest potential while imparting the message that learning "can" be fun. 9. Describe the staffing structure of the organization. Governed by a committed Board of Directors, including area judges, and leaders in education and business, the IEA employs five (5) instructors who spend sixteen (16) cumulative hours each week with the youth in the MRJDF. In addition, another twenty (20) hours per week are devoted to substance abuse counseling by a licensed counselor. See attached information on then IEA instructors. 10. Submit itemized budget for proposal project. See attached 11. Submit name and address of Board of Directors. See attached 12. Briefly describe the nature of the organization and how it benefits low to moderate-income families in the Beaumont Communitk The IEA works directly with juveniles in the MRJDF and with youth on probation through the LEA's outreach program "Ben's Kids." The Juvenile Probation Annual Report for 2000 shows that 855 of the youth who enter the MRJDF live with families who are considered in the low to moderate-income level. 13. If funded how many low to moderate-income persons will benefit from the proposed activity? All youth who enter the MRJDF will have the opportunity to use the computer lab; however, since approximately 75% of the youth are from Beaumont only 75% of the total computer lab budget is being requested from CDBG. The IEA is requesting complete funding for the books. PROPOSED PROJECT BUDGET(Revised) 8—HP 7850 Computers $ 999.99 each = $7,999.92 2-HP DeskJet 932C Printers $ 199.99 each= $ 399.98 Sub-Total $8,399.90 Less 25% 2.099.90 $6,300.00 200 Books $ 20.00 each= 4.000.00 TOTAL $ 10,300.00 WORK SESSION * Review proposed Watershed Protection Ordinance CITY OF BEAUMONT PUBLIC WORKS _ INTEROFFICE MEMORANDUM November 20, 2001 TO: Stephen J. Bonczek, City Manager FROM: Tom Warner, Public Works Director SUBJECT: WATERSHED PROTECTION ORDINANCE COMMENTS Federal regulations and the City of Beaumont's National Pollutant Discharge Elimination System (NPDES) permit requires the City to have "Adequate Legal Authority" to control storm water pollution. The proposed Watershed Protection Ordinance provides the necessary legal authority to prevent the discharge of pollutants and contaminated storm water runoff into the City's storm water system. In addition to preventing the discharge of pollutants, the proposed ordinance is established for the following purposes: • Promote public awareness of the dangers of improper discharge of hazardous substances, sediment from grading and construction sites, pesticides, herbicides and other pollutants. • Encourage recycling and safe disposal of potentially harmful or hazardous consumer products. • Enable the City to comply with State and Federal laws and regulations. The proposed Watershed Protection Ordinance will be presented to City Council on November 27, 2001 during the Work Session of the City Council meeting. A copy of the proposed ordinance in substantial form is enclosed for review. tC?rti� �_ k A Tom Warner TW:sk Draft of 10-15-01 1 2 WATERSHED PROTECTION ORDINANCE 3 OF THE CITY OF BEAUMONT 4 5 6 I. GENERAL PROVISIONS 7 8 A. Purposes 9 10 1. The City of Beaumont establishes this Ordinance for the following purposes: 11 12 a. To maintain and improve the quality of surface waters within the City; 13 14 b. To prevent the discharge of pollutants and contaminated storm water runoff from 15 industrial, commercial, residential, grading, and construction sites into the municipal 16 separate storm sewer system and surface waters within the City; 17 18 c. To promote public awareness of the dangers of improper discharge of hazardous 19 substances, petroleum products, household hazardous waste, industrial waste, sediment 20 from grading and construction sites, pesticides, herbicides, fertilizers and other pollutants 21 into the storm sewers and surface waters of the City; 22 23 d. To encourage recycling and safe disposal of used and potentially harmful or hazardous 24 consumer products; and 25 26 e. To enable the City to comply with all federal and state laws and regulations applicable to 27 storm water discharges. 28 29 B. Administration 30 31 1. Except as otherwise provided herein, the City Engineer shall administer, implement and 32 enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the 33 City Engineer may be delegated by the City Engineer to other City personnel. 34 35 C. Abbreviations. The following abbreviations, when used in this Ordinance, shall have the 36 designated meanings: 37 38 BMP - Best Management Practices 39 BTEX - Benzene,Toluene, Ethylbenzene and Xylene 40 CFR - Code of Federal Regulations 41 EPA - United States Environmental Protection Agency 42 MS4 - Municipal Separate Storm Sewer System of the City of Beaumont 43 NOI - Notice of Intent 44 NOT - Notice of Termination 45 NOTG - Notice of Termination of Grading 46 NPDES - National Pollutant Discharge Elimination System 47 PST - Petroleum Storage Tank 48 SARA - Superfund Amendments and Reauthorization Act of 1986 49 SWO Stop Work Order 50 SWPPP - Storm Water Pollution Prevention Plan(SWP3) D:\ MAC PROJECTSVBeaumontMatershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 1 Draft of 10-15-01 1 SWP3 - Storm Water Pollution Prevention Plan(SWPPP) 2 TNRCC - Texas Natural Resource Conservation Commission 3 USC - United States Code 4 5 D. Definitions. Unless a provision explicitly states otherwise,the following terms and phrases,as 6 used in this Ordinance, shall have the meanings hereinafter designated. 7 8 1. Agricultural storm water runoff. Any storm water runoff from orchards, cultivated 9 crops, pastures, range lands and other non-point source agricultural activities, but not: 10 discharges from concentrated animal feeding operations as defined in 40 CFR § 122.23; 11 discharges from concentrated aquatic animal production facilities as defined in 40 CFR § 12 122.24; or discharges from residential irrigation or landscape watering. 13 2. Authorized Representative. A person delegated authority to act on behalf of another for 14 the purpose of complying to specified requirements of this Ordinance. 15 3. Best management practices (BMPs). Schedules of activities; prohibitions of practices; 16 maintenance procedures; material storage shelters or covers; drainage management; runoff 17 control devices or structures; retention or detention structures; trapping, separating or 18 settling devices; spill prevention or control devices and tools; waste treatment plants and 19 devices; managed waste disposal devices and procedures; and other management practices 20 to prevent or reduce the pollution of waters of the United States. 21 4. Compliance monitoring. Observation, measurement or sampling done for the purpose of 22 determining compliance to this Ordinance. 23 5. Charity car wash. A car wash conducted by a nonprofit organization or a collection of 24 people not party to a common agreement or understanding for operation of the car wash for 25 personal monetary gain. 26 6. City. The City of Beaumont, Texas. 27 7. City Council. The City Council of the City of Beaumont. 28 8. City Engineer. The person appointed to the position of City Engineer by the City Manager 29 of the City of Beaumont, or his or her duly authorized representative. 30 9. Chief of Police. The administrative head of the police department of the City. 31 10. Chief of the Fire Department. The administrative head of the fire department of the City. 32 11. Commencement of construction. The first disturbance of soils associated with or caused 33 by move-in of equipment, installation of access roads or trails, storage of materials or 34 equipment, clearing, grading, demolition, building, excavation or similar activities at a 35 construction site. 36 12. Commercial. Pertaining to any business, trade, industry or other activity conducted for 37 profit. 38 13. Commercial activity. Services or activities involving the display, direct sale or 39 distribution; temporary storage prior to display, sale, or distribution; or repair or 40 replacement of services or products to the general public, or defined groups of the public, 41 whether or not in conjunction with other noncommercial activities. Unless defined as an 42 industrial activity by state or federal regulation, services, products or activities provided to 43 or done on behalf of the general public shall be considered commercial activities. DA—MAC PROJECTS1BeaumontlWatershed Ordinance\Beaumorri Watershed Ord-10-15.01.doc 2 Draft of 10-15-01 1 14. Commercial facility. Any facility used or operated for, or in conjunction with, a 2 commercial activity, except those commercial activities which are either solely agricultural 3 or defined as industrial activities. 4 15. Compliance Order. An order issued by the City Engineer requiring a discharger to 5 comply with this Ordinance by means specified in the order. 6 16. Consent Order. An order issued by the City Engineer to which a discharger agrees to 7 bring the discharge into compliance to this Ordinance. 8 17. Construction. Activities involving clearing, grading, demolition, excavation, filling or 9 building of above and below ground structures and buildings, support and auxiliary 10 facilities, transportation facilities, container and containment structures, above and below 11 ground utilities and associated auxiliary facilities, pipelines and conveyances, and similar 12 activities undertaken for public purposes or needs; for preparation of land, structures, or 13 facilities for commercial purposes, use or sale; or for preparation of land, structures, or 14 facilities for industrial purposes, use or sale. 15 18. Construction site. The entire location where any construction or construction related 16 activities occur which are part of a common development or project. 17 19. Discharge. Any addition or introduction of any pollutant, storm water or any other 18 substance whatsoever into the municipal separate storm sewer system (MS4)or into waters 19 of the United States. 20 20. Discharge permit. A NPDES permit, a TPDES permit or other state or federally issued 21 permit or license for the discharge of waste or storm waters to the waters of the United 22 States. 23 21. Discharger. Any person who causes, allows, permits or is otherwise responsible for a 24 discharge, including, without limitation, any operator of a construction site, grading site or 25 industrial facility. 26 22. Domestic sewage. Human excrement, gray water (from home clothes washing, bathing, 27 showers, dishwashing, and food preparation), other wastewater from household drains, and 28 waterborne waste normally discharged from the sanitary conveniences of dwellings 29 (including apartment houses and hotels), office buildings, factories and institutions, that is 30 free from industrial waste. 31 23. Effluent limit. A boundary or acceptable range on the magnitude of a water quality 32 parameter in a wastewater or storm water discharge. 33 24. Emergency Cease and Desist Order. An order issued by the City Engineer requiring 34 immediate cessation of a discharge because of imminent endangerment to people or the 35 environment. 36 25. Environmental Protection Agency (EPA). The United States Environmental Protection 37 Agency, the regional office thereof, any federal department, agency or commission that 38 may succeed to the authority of the EPA, and any duly authorized official of the EPA or 39 such successor agency. 40 26. Extremely hazardous substance. Any substance listed in the Appendices to 40 CFR Part 41 355, Emergency Planning and Notification. 42 27. Facility. Any building, structure, installation or area of activity from which there is or may 43 be a discharge of a pollutant,excluding a construction or grading site. DA-MAC PROJECTS1BeaumonMatershed Ordinance\Beaumor»Watershed Ord-10.15-0t.doc 3 Draft of 10-15-01 1 28. Fertilizer. A solid or non-solid substance, compound or mixture that contains an essential 2 plant nutrient element in a form available to plants and that is used primarily for its 3 essential plant nutrient element content in promoting or stimulating growth of a plant or 4 improving the quality of a crop. 5 29. Final stabilization. The condition, or the activities leading thereto, of a grading site 6 wherein all soil disturbing activities at the site have been completed, and a uniform 7 perennial vegetative cover, or equivalent permanent erosion prevention measures,has been 8 established over all areas not paved or covered by permanent structures or impervious 9 surfaces. 10 30. Fire Department. The fire department of the City of Beaumont, or any duly authorized 11 representative thereof. 12 31. Fire fighting discharge or flow. A discharge or flow resulting from fire fighting by the 13 City's Fire Department, a fire department of another city or public entity, or a fire fighting 14 unit operated by an industrial or commercial facility or consortium of industrial or 15 commercial facilities doing business or conducting operations within the City or its extra- 16 territorial jurisdiction. 17 32. Fire protection water. Any water, and any substances or materials contained therein, 18 discharged or emitted from a fire suppressant device or used by any person other than the 19 Fire Department to control or extinguish a fire. 20 33. Garbage. Putrescible animal and vegetable waste materials from the handling, 21 preparation, cooking or consumption of food, including waste materials from markets, 22 storage facilities and the handling and sale of produce and other food products. 23 34. Grading activities. Activities which result in the disturbance of surface soil, removal of 24 vegetation or removal of structures. 25 35. Grading site. Area or location where grading activities or grading-related activities occur 26 which are part of a common development of project. 27 36. Grading permit. Authorization issued by the City to conduct grading activities. 28 37. Grading plan. A plan describing how grading is to be performed and how site closure is 29 to be accomplished at a grading site. 30 38. Harmful. Causing pollution of waters in the State or waters occurring in the MS4. 31 39. Harmful quantity. The amount of any substance that will cause pollution of waters in the 32 State or waters occurring in the MS4. 33 40. Hazardous household waste (IIHNN). A.ly material generated in a household (including 34 single and multiple residences, hotels and motels, bunk houses, ranger stations, crew 35 quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer 36 which, except for the exclusion provided in 40 CFR § 261.4(b)(1), would be classified as a 37 hazardous waste under 40 CFR Part 261. 38 41. Hazardous substance. Any substance listed in Table 302.4 of 40 CFR Part 302. 39 42. Hazardous waste. Any substance identified or listed as a hazardous waste by the EPA 40 pursuant to 40 CFR Part 261. 41 43. Hazardous waste treatment, disposal or recovery facility. All contiguous land and 42 structures, other appurtenances and improvements on the land used for the treatment, 43 disposal or recovery of hazardous waste. DA—MAC PROJECTS1BeaumonllWatershed OrdinancelBeaumont Watershed Ord-10-15-01.doc 4 Draft of 10-15-01 1 44. Herbicide. A substance or mixture of substances used to destroy a plant or to inhibit plant 2 growth. 3 45. Illicit discharge. A discharge of liquid or solid wastes, or combination thereof, which is 4 discharged to a storm water conveyance without permit or exemption from prohibition of 5 such discharge. 6 46. Impervious. A condition of the land surface for which more than ninety (90) percent of 7 the rainfall on the land surface would be reasonably expected to run off. 8 47. In-use residential property. Residential property on which a building or a mobile home 9 is occupied on a more or less continuous and current basis. 10 48. Industrial waste. Any waterborne liquid or solid substance that results from any process 11 of industry, manufacturing, mining, production, trade or business, and that is not reused or 12 recycled by the same industrial facility generating such liquids or solid substances. 13 49. Industrial activity. Any activity or group of related or common activities defined as an 14 industry or industries by federal regulation in 40 CFR§ 122.26(b)(14). 15 48. Industrial facility. The land, buildings, structures and auxiliary and support structures and 16 devices, where an industrial activity takes place; areas or zones where industrial activities 17 take place; and areas or zones where industrial processes occur. 18 49. Industrial storm water discharge. Any storm water discharge from an industrial facility, 19 excluding areas separate from the facility's industrial activity, such as office buildings and 20 accompanying parking lots or employee recreation areas, so long as the drainage from the 21 excluded areas is not mixed with storm waters drained from the industrial areas. 22 50. Irrigation overflow. A discharge of residual waters from irrigation activities;also return 23 flow from irrigation activities. 24 51. Late Filing of Grading Permit Application. A filing of a Grading Permit application 25 made more than two(2)working days prior to commencement of construction. 26 52. Leasee. The person who leases a construction site or industrial or commercial facility and 27 acts as an owner in regard to the conduct of construction at a construction site or operation 28 of the facility at an industrial or commercial facility. 29 53. Motor oil. Any non vegetable oil that is or was used in the operation of a vehicle engine or 30 associated parts or systems, or in the operation of a stationary or mobile engine or 31 mechanical device, including but not limited to crankcase oil, transmission fluid, pulley or 32 shaft lubrication, and clutch lubrication. 33 54. Motor vehicle fluid. Any vehicle crankcase oil, motor oil, antifreeze, transtaission fluid, 34 brake fluid, differential lubricant, gasoline, diesel fuel, gasoline or alcohol blend and any 35 other fluid used in a motor vehicle for the purpose of operation or function of the vehicle. 36 55. MS4. Municipal separate storm sewer system, incorporating the entire system of storm 37 water conveyances,but not sanitary or industrial wastewater sewers,or a single conveyance 38 in such entire system,natural or man-made, lying within the boundaries of the City. 39 56. MS4 Permit. The NPDES permit issued to the City and other co-permitees for the 40 discharge of storm waters from the MS4. 41 57. Municipal landfill. An area of land or an excavation in which municipal solid waste is 42 placed for permanent disposal and which is not a land treatment facility, a surface 43 impoundment, an injection well or a pile (as these terms are defined in regulations 44 promulgated by the TNRCC). DA—MAC PROJECTS1BeaumontMatershed OrdinancelBeaumont Watershed Ord-10.15-01.doc 5 Draft of 10-15-01 1 58. Municipal separate storm sewer system (MS4). Storm water conveyances lying within 2 the corporate limits of the City of Beaumont, including but not limited to storm water 3 sewers, inlets, catch basins, traps, gutters, drains, ditches, culverts, canals, ponds and other 4 storm water conveyances, both natural and man-made, designed or used for collecting or 5 conveying storm water, and which are not used for collecting or conveying sewage. 6 59. Municipal solid waste. Solid waste resulting from or incidental to municipal, community, 7 commercial, institutional or recreational activities, including garbage, rubbish, ashes, street 8 cleanings, dead animals,abandoned automobiles and other solid waste other than industrial 9 waste. 10 60. No exposure to Storm Water. A continuing and uninterrupted condition of no contact by 11 rainfall and storm water runoff discharged from a facility to raw materials, primary 12 products, secondary products, intermediate products, byproducts, recycled products, or 13 waste products; recycled or residual materials used in generation, storage, or handling of 14 such materials or products; machinery or equipment used in the generation, processing, 15 storage, or handling of such materials or products; or residuals or wastes arising from or 16 due to operation of the commercial or industrial facility. 17 61. No exposure certification. A certification signed by the operator of an industrial or 18 commercial facility that there is a condition of"no exposure"at the facility. 19 62. Nonpoint source. Any source of any discharge of a pollutant that cannot be identified as 20 emanating from a"point source." 21 63. Notice of Intent (NOI). A formal, written notice required by a state or federal agency 22 stating the intent of the submitter of the NOI to utilize a general permit for purposes of 23 permitting a discharge which is authorized by the general permit. 24 64. Notice of Termination (NOT). A formal written notice required by a state or federal 25 agency stating the intent of the submitter to discontinue a discharge previously authorized 26 under a general permit. 27 65. Notice of Termination of Grading (NOTG). A notice provided by a construction site 28 operator to the City notifying the City of intended completion of grading activities. 29 66. Notice of Violation (NOV). A legal notice issued by the City Engineer indicating a 30 discharge is in violation of this Ordinance and that the violator must eliminate such 31 discharge. 32 67. NPDES permit. A National Pollutant Discharge Elimination System permit issued by the 33 EPA (or by the State under authority delegated pursuant to 33 USC § 1342(b)) that 34 authorizes the discharge of pollutants to waters of the United States, irrespective of whether 35 the permit is applicable on an individual, group or general-area-wide basis. 36 68. Oil. Any non vegetable oil in any form not intended for human consumption or use in the 37 preparation of food including, but not limited to, petroleum;petroleum-based motor vehicle 38 fluid, fuel oil; crude oil or any fraction thereof which is liquid at standard conditions of 39 temperature and pressure; sludge; oil refuse; and oil mixed with waste. 40 69. Operator of a construction site. The person or persons who, either individually or taken 41 together, (1)have, by virtue of ownership or lease,operational control over the construction 42 specifications (including the ability to make modifications in specifications); (2) have by 43 virtue of ownership, lease or contract, the day-to-day operational control over those 44 activities at the construction site sufficient to ensure compliance with pollution prevention 45 requirements and any permit conditions; or (3) have financial control of construction and DA—MAC PROJECTS%BeaumontlWatershed Ordinancel8eaumont Watershed Ord-1 0-1 5-01,doc 6 Draft of 10-15-01 1 authority to direct, either directly or indirectly, the construction activities to be undertaken 2 at the site. 3 70. Operator of an industrial or commercial facility. The person by virtue of ownership, 4 lease or contract is (1) in charge of the activities at an industrial or commercial facility, 5 whether active or inactive, and (2) has financial responsibility for activities conducted at 6 the facility. When the facility is located on property leased by the owner of the facility, the 7 operator is the owner of the facility, not the owner of the leased property. 8 71. Owner. The person who owns a facility, property on which a facility occurs, part of a 9 facility, or part of the property on which a facility occurs; in the case of a mortgaged 10 facility or property, the person who has a mortgage on the property and who will obtain, 11 upon proper payment to a financial institution, ownership of the property; in the case of a 12 facility or property for which a person has an option to purchase and such person acts, in 13 effect, as an owner. Also, the person who owns a site or facility and who has ultimate 14 financial responsibility for activities conducted at the site or facility. 15 72. Person. Any individual; group of people by virtue of contract or mutual consent acting as 16 a single entity; group of people assigned joint responsibility under requirements of this 17 Ordinance; partnership; co-partnership; firm, company, corporation, association,joint stock 18 company, trust, estate, governmental entity or any other legal entity; or the legal 19 representatives, agents or assigns of any person as defined in this paragraph. This 20 definition includes all federal, state and local governmental entities. 21 73. Pervious. A condition of the land surface which is not impervious. 22 74. Pesticide. A substance or mixture of substances intended to prevent, destroy, repel or 23 mitigate any pest, or any substance or mixture of substances intended for use as a plant 24 regulator, defoliant, or desiccant(as these terms are defined in Section 76.001 of the Texas 25 Agriculture Code). 26 75. Petition for Reconsideration. Written document submitted by a person to the City 27 Engineer requesting reconsideration of a previously issued SWO; Compliance Order; 28 Remediation, Abatement and Restoration Order; or Emergency Cease and Desist Order. 29 76. Petroleum product. A product obtained from distilling and processing crude oil, 30 including, but not limited to,any petroleum-based liquid that is capable of being used as a 31 fuel for combustion devices or systems; or the propulsion of a motor vehicle, engine or 32 aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, 33 kerosene, distillate fuel oil, and# 1 and#2 diesel. (The term does not include naphtha-type 34 jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical 35 manufacturing or feedstock of that manufacturing.) 36 77. Petroleum storage tank(PST). Any one or combination of aboveground or underground 37 storage tanks that contain petroleum products and any connecting underground and 38 aboveground pipes. 39 78. Point source. Any discernable, confined and discrete conveyance, including but not 40 limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling 41 stock, concentrated animal feeding operation, landfill leachate collection system or floating 42 craft from which pollutants are or may be discharged. This term does not include 43 overflows from irrigated agriculture or agricultural storm water runoff. 44 79. Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage 45 sludge, munitions, chemical waste, biological materials, radioactive materials, heat, 46 wrecked or discarded equipment, rock, sand, cellar dirt, sediment and industrial, municipal, DA—MAC PROJECTSXBeaumontlWatershed Ordinance\Beaumont Watershed Ord-1415-01.doc 7 Draft of 10-15-01 1 and agricultural waste discharged into water. The term "pollutant" does not include tail 2 water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated 3 range land, pasture land and farm land. 4 80. Pollution. The alteration of the physical, thermal, chemical or biological quality of, or the 5 contamination of, any water in the state that renders the water harmful, detrimental or 6 injurious to humans, animal life, vegetation or property; or to the public health, safety or 7 welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or 8 reasonable purpose. 9 81. Qualified personnel. Persons who possess the appropriate competence, skills and ability 10 (as demonstrated by sufficient education, training,testing, experience or, when applicable, 11 any required certification or licensing) to perform a specific activity in a timely and 12 complete manner consistent with the applicable regulatory requirements and generally 13 accepted industry or professional standards for such activity. 14 82. Registered landscape architect (RLA). A person who has been duly licensed and 15 registered to practice landscape architecture by the Texas Board of Architectural 16 Examiners. 17 83. Registered professional engineer (RPE). A person who has been duly licensed and 18 registered by the State Board of Registration for Professional Engineers to engage in the 19 practice of engineering in the State of Texas. 20 84. Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, 21 injecting,escaping, leaching,dumping or disposing into the municipal separate storm sewer 22 system(MS4)or the waters of the United States. 23 85. Remediation, Abatement and Restoration Order. A legally issued order by the City 24 Engineer to correct or repair damage; stop, reduce or otherwise control pollutant discharge; 25 and/or to rehabilitate and return to original quality some condition in the environment. 26 86. Reportable incident. A spill or other release of a hazardous or extremely hazardous 27 substance, oil or other harmful substance which enters or is likely, in the absence of control 28 of the spill or other release,to enter the MS4. 29 87. Reportable quantity (RQ). For any "hazardous substance," the quantity established and 30 listed in Table 302.4 of 40 CFR Part 302; for any "extremely hazardous substance," the 31 quantity established in 40 CFR Part 355 and listed in Appendix A thereto. 32 88. Residential property. Land and buildings on such land used predominately for ordinary 33 living and not for agricultural, commercial, industrial or public purposes, such buildings 34 including but not limited to single family houses, multi-farnily houses condominiums and 35 apartments. 36 89. Rubbish. Non-putrescible solid waste, excluding ashes, that consist of (1) combustible 37 waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, 38 yard trimmings, leaves or similar materials; or (2) noncombustible waste materials, 39 including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials 40 that do not burn at ordinary incinerator temperatures(1600 to 1800 degrees Fahrenheit). 41 90. Sanitary sewer (or sewer). The system of pipes, conduits and other conveyances which 42 carry industrial waste and domestic sewage from residential dwellings, commercial 43 buildings, industrial and manufacturing facilities, and institutions, whether treated or 44 untreated, to the City sewage treatment plant(and to which storm water, surface water and 45 groundwater are not intentionally discharged). D:1 MAC PROJECTMBeaumontMatershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 8 Draft of 10-15-01 1 91. Septic tank waste. Any domestic sewage from holding tanks such as vessels, chemical 2 toilets,campers,trailers and septic tanks. 3 92. Service station. Any retail establishment engaged in the business of selling fuel for motor 4 vehicles that is dispensed from stationary storage tanks. 5 93. Sewage(or sanitary sewage). The domestic sewage or industrial waste that is discharged 6 into the City sanitary sewer system and passes through the sanitary sewer system to the 7 City sewage treatment plant for treatment. 8 94. Show Cause Hearing. A hearing for which a violator of this Ordinance must provide 9 reason why a proposed enforcement action by the City Engineer should not be undertaken. 10 95. Significant pollutant release. Any release of storm waters, non storm waters or mixture 11 of storm and non storm waters to the MS4 or a water of the United States which the City 12 Engineer determines to cause, contribute to, or to have reasonable expectation to cause or 13 contribute to a violation of stream quality standards or a violation of a permit issued to the 14 City for discharge of storm or waste waters. 15 96. Site. The land or water area where any facility or activity is physically located or 16 conducted, including adjacent land used in connection with the facility or activity. 17 97. Site closure. The process of achieving final stabilization at a construction site and 18 conducting activities at the site which leave the site in good repair. 19 98. Site stabilization. The condition,or the activities leading thereto,of a gradingsite wherein 20 all soil disturbing activities and conditions at the site have been reduced to the maximum 21 extent practicable by completing, controlling, limiting or otherwise managing grading 22 activities and applying best management practices to limit erosion by use of vegetative 23 cover or equivalent erosion prevention measures(such as the use of hay, mulch, vegetative 24 mats, sod, riprap, gabions or geotextiles)over all areas not paved or covered by permanent 25 structures, impervious surfaces or not undergoing active grading. Permanent site 26 stabilization instituted at the conclusion of grading activities is final stabilization (seealso 27 definition of final stabilization). 28 99. Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water 29 supply treatment plant, or air pollution control facility, and other discarded material, 30 including, solid, liquid, semi-solid or contained gaseous material resulting from industrial, 31 municipal, commercial, mining or agricultural operations, or from community and 32 institutional activities. 33 100. State. The State of Texas. 34 101. Stop Work Order(SWO). A legal order is.ued by the City Engineer to stop construction 35 because of noncompliance to this Ordinance. 36 102. Storm water. Water derived solely and directly from rainfall or snowmelt runoff and 37 appearing as overland flow, flow in drainage conveyances or flow in natural watercourses 38 and manmade waterways. 39 103. Storm water permit. For a construction site, a general or individual permit issued by a 40 federal or state agency for the discharge of storm waters, inclusively, from a construction 41 site. For an industrial facility, a general or individual permit issued by a federal or state 42 agency for the discharge of storm waters, inclusively, from an industrial facilty. 43 104. Storm water discharge associated with industrial activity. The discharge from any 44 conveyance which is used for collecting and conveying storm water and which is directly 45 related to or has its source in manufacturing, processing or raw materials storage areas at an 0'\_MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 9 Draft of 10-15-01 1 industrial plant which is within one of the categories of facilities listed in 40 CFR § 2 122.26(b)(14),and which is not excluded from EPA's definition of the same term. 3 105. Storm Water Pollution Prevention Plan (SWPPP, SWP3). A plan that describes the 4 practices, and the procedures for their implementation, that are to be used to reduce the 5 pollutants in storm water discharges associated with construction or other industrial activity 6 at a facility. 7 106. TPDES permit. Texas Pollution Discharge Elimination System permit issued by the 8 TNRCC for the discharge of waste or storm waters pursuant to authority delegated to the 9 State of Texas by the EPA for issuance of NPDES permits. For the purposes of this 10 Ordinance,the term TPDES permit is synonymous with NPDES permit. 11 107. Uncontaminated. Not containing a harmful quantity of any substance. 12 108. Used oil. Any non vegetable oil that has been refined from crude oil or a synthetic oil that, 13 as a result of use, storage or handling, has become unsuitable for its original purpose 14 because of impurities or the loss of original properties but that may be suitable for further 15 use and is recyclable in compliance with state and federal law. 16 109. Warning Notice. A notice issued by the City Engineer stating that a discharge is in 17 violation of this Ordinance and requesting that the cause of discharge be investigated and 18 that any violations be stopped. 19 110. Washdown water. Wastewaters or residual liquids used in or resulting from washing, 20 cleaning or decontamination of vehicles, equipment, machinery, buildings, facility, 21 containment, structure, or associated appurtenances or parts, components, elements or 22 portions thereof. 23 111. Waste, debris, trash. Solid waste composed of mixtures of floatables and non-floatables 24 derived from identifiable and ill-defined residential, industrial and commercial sources, 25 commonly consisting of miscellaneous containers, bottles, cans, packaging, dead 26 vegetation, discarded construction materials, soil, silt, yard waste, paper, cardboard, bottle 27 and container caps and tops, oil and grease, paint and painting supplies, discarded auto 28 parts or repair or maintenance tools or supplies, discarded clothes, discarded furniture, 29 discarded household appliances or discarded parts of furniture or appliances. 30 112. Waters in the State(or waters of the State). Any groundwater, percolating or otherwise, 31 lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, 32 marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the State, and all 33 other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable 34 or non-navigable, and including the beds and banks of all water courses and bodies of 35 surface water, that are wholly or panlally inside or bordering the State or inside the 36 jurisdiction of the State. 37 113. Water quality standard. The designation of a body or segment of surface water in the 38 State for desirable uses and the narrative and numerical criteria deemed necessary by the 39 State to protect those uses,as specified in the Texas Administrative Code. 40 114. Waters of the United States. All waters which are currently used, were used in the past, 41 or may be susceptible to use in interstate or foreign commerce, including all waters which 42 are subject to the ebb and flow of the tide; all interstate waters, including interstate 43 wetlands; all other waters in which the use, degradation or destruction would affect or 44 could affect interstate or foreign commerce; all impoundments of waters otherwise defined 45 as waters of the United States under this definition; all tributaries of waters identified in this 46 definition; all wetlands adjacent to waters identified in this definition; and any waters DA—MAC PROJECTS\BeaumortMatershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 10 Draft of 10-15-01 1 within the federal definition of "waters of the United States" at 40 CFR § 122.2; but not 2 including any waste treatment systems, treatment ponds or lagoons designed to meet the 3 requirements of the federal Clean Water Act. 4 115. Vehicle maintenance fluid. Any used or unused motor vehicle fluid,any fuel, any soap or 5 detergent and any fluid except uncontaminated water resulting from the operation, 6 servicing,repair,cleaning or other maintenance of a vehicle. 7 116. Wetland. An area that is inundated or saturated by surface or groundwater at a frequency 8 and duration sufficient to support, and which under normal circumstances does support, a 9 prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 10 generally include swamps, marshes, bogs and similar areas. 11 117. Working day. Any calendar day, 8 am to 5 pm, but not including Saturday, Sunday, any 12 legal holiday recognized by the City or any day for which the City Engineer's offices are 13 closed for ordinary and general business. 14 118. Yard waste. Leaves, grass clippings, yard and garden debris and brush that results from 15 landscaping maintenance and land-clearing operations. 16 17 E. Authorized Representative 18 19 1. For a person to be a duly authorized representative for the purpose of complying to this 20 Ordinance, there shall be on file with the City Engineer a delegation of authority to the 21 authorized representative by the person making the delegation. At a minimum, this 22 delegation shall provide the name, title, and signature of the person making the delegation of 23 authority; the name, title, and signature of the person being authorized as a representative; 24 and a statement that: 25 26 a. The authorized representative has the power to act on behalf of the person making the 27 delegation in the matters identified in the delegation of authority. Matters which can be 28 delegated include but are not limited to making applications, preparing grading plans, 29 preparing storm water pollution prevention plans, and providing notices required by this 30 Ordinance; and 31 32 b. The person making such delegation understands that such delegation does not limit his or 33 her liability in regard to compliance to this Ordinance and matters for which delegation is 34 made. 35 36 F. Report To Other Agencies 3i 38 1. The City Engineer may report any violation of this Ordinance by a discharger or operator to 39 any state or federal regulatory agency. 40 41 G. Compliance and Liability 42 43 1. Compliance to this order by a person shall not be more than thirty(30)days after its adoption, 44 unless such compliance requires structural additions or modifications to facilities, storm 45 water conveyances, or appurtenances to such facilities or conveyances, in which case such 46 compliance shall be within ninety(90)days. 47 48 2. A grading permit required by this Ordinance for grading which is ongoing at the time of 49 adoption of this Ordinance shall be obtained by the operator of the grading site within thirty D:\ MAC PROJECTMeaumont\Watershed Ordinance\Beaumont Watershed Ord-10.1541.doc 11 Draft of 10-15-01 1 (30) days of adoption of this ordinance unless such grading is terminated and the grading site 2 undergoes proper closure as prescribed by this Ordinance no later than ninety (90) calendar 3 days after the date of adoption of this Ordinance. 4 5 3. Submittal by a person to the City Engineer of a copy of a report required by county, state, or 6 federal law, regulation, ordinance, administrative order, enforcement action or other duly 7 issued order of a court of competent jurisdiction shall in no way remove any responsibility of 8 the person to meet such requirements for such report or requirements to submit such report to 9 any county, state,or federal department, agency,entity or person or to any court. 10 11 4. Request for submission by the City Engineer, submission by a person to the City Engineer, or 12 review by the City Engineer of any report, plan, application, or other document required by 13 county, state, or federal law, regulation , ordinance, administrative order, enforcement action 14 or other duly issued order of a court of competent jurisdiction does not imply, guarantee, or 15 warrantee that such request, submission or review will assure, meet or in any other way 16 satisfy requirements for compliance of such report, plan, application or other document with 17 such county, state, or federal law, regulation, ordinance, administrative order, enforcement 18 action or other duly issued order of a court of competent jurisdiction. Such request for 19 submission, submission or review does not imply or infer assumption of liability by the City 20 for harm or damages suffered as a consequence of use or implementation of such report,plan, 21 application or document. Such submission or review does not relieve a discharger or operator 22 of liability or imply or represent transfer of liability from the discharger or operator to the 23 City for compliance to such state or federal law, regulation, ordinance, administrative order, 24 enforcement action, or other order for consequences resulting from use of such report, plan, 25 application or other document. 26 27 5. The City Engineer, upon written request of any person received within the time established 28 by this Ordinance or by the actions of the City Engineer for compliance with this Ordinance, 29 may extend the date of compliance to this Ordinance for such person if the City Engineer 30 determines that such extension will serve the purposes of this Ordinance. 31 32 6. Compliance to a provision of this Ordinance shall not relieve a person from compliance to 33 any and all other applicable provisions of this Ordinance and any other requirements of City, 34 county, state, or federal law, regulation, ordinance, administrative order, enforcement action 35 or other duly issued order of a court of competent jurisdiction. 36 37 H. Significant Discharge Of Pollutants 38 39 1. Significant Discharge of Pollutants. For the purpose of this Ordinance, a significant discharge 40 of pollutants to the MS4 or waters of the United States occurs when any one or combination 41 of the following occur: 42 43 a. The pollutant being discharged is an oil, toxic material, hazardous or extremely 44 hazardous substance or hazardous waste; 45 46 b. The discharge causes or contributes to the violation of State water quality standards by 47 discharges from the MS4; 48 49 c. The discharge causes the City or any or all co-permittees to the MS4 permit to violate the 50 MS4 permit; 51 DA—MAC PROJECTMBeaumonl\Watershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 12 Draft of 10-15-01 1 d. The discharge contributes all or in part to the City violating the MS4 permit or any other 2 state or federal permit issued to the City for discharge of storm waters,wastewaters, or 3 other wastes; 4 5 e. The discharge causes or contributes to the violation by the City of a state or federal 6 regulation or effluent limit; 7 8 f. The discharge has caused, is causing or represents an imminent or substantial 9 endangerment to the health or welfare of persons or to the environment, or the discharge 10 results or has resulted in the City Engineer's exercise of his or her emergency authority to 11 halt or prevent such a discharge; 12 13 g. The discharge is, as determined by the City Engineer, a chronic or an extreme 14 endangerment to the public or to the environment; 15 16 h. The discharge fails to comply with a schedule for compliance with this Ordinance, 17 whether imposed by the City or by a court. 18 19 I. General Prohibitions 20 21 1. No Significant Discharge of Pollutants. No person, acting alone or in concert with others, 22 shall create,cause or introduce or contribute to creating, causing or introducing any discharge 23 that causes a significant discharge of pollutants to the MS4 or waters of the State or the 24 United States. 25 26 2. No Nonstorm Discharge. No person shall introduce or cause to be introduced into the MS4 27 any discharge that is not composed entirely of storm water,except for a discharge composed 28 of the one or more of the following or a mixture of storm water and one or more of the 29 following: 30 31 a. A discharge authorized by, and in full compliance with, an NPDES permit(other than the 32 MS4 permit); 33 34 b. Fire fighting discharge or flow; 35 36 c. Discharge or flow of fire protection water that does not contain oil or hazardous 37 substances or materials, including but not limited to discharges from automatic sprinkler 38 systems installed for the purpose of fire protection, and discharges from city, commercial 39 or industrial fire hydrants. 40 41 d. Agricultural storm water runoff; 42 43 e. Irrigation overflow; 44 45 f. A discharge or flow from water line flushing, but not including a discharge from water 46 line disinfection by superchlorination or other means unless it contains no harmful 47 quantity of chlorine or any other chemical used in line disinfection; 48 49 g. A discharge or flow from lawn watering, noncommercial gardening or landscape 50 irrigation; 51 D:\ MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 13 Draft of 10-15-01 1 h. A discharge or flow from a diverted stream flow or natural spring; 2 3 i. A discharge or flow from uncontaminated pumped groundwater or rising groundwater; 4 5 j. Uncontaminated groundwater infiltration (as defined as 40 CFR. § 35.2005(20)) to the 6 MS4; 7 8 k. Uncontaminated discharge or flow from a foundation drain, crawl space pump, footing 9 drain or sump pump; 10 11 1. A discharge or flow from a potable water source not containing any harmful substance or 12 material from the cleaning or draining of a storage tank or other container; 13 14 m. A discharge or flow from air conditioning condensation that is unmixed with water from 15 a cooling tower, emissions scrubber, emissions filter or any other source of pollutant; 16 17 n. A discharge or flow from individual residential car washing; 18 19 o. A discharge or flow from car washing done for charity, community or civic purposes, 20 provided the charity, community or civic group performing such car washing receives all 21 of any money paid by persons for such washing and such charity, community or civic 22 group does not conduct such washing activities more than twelve (12) calendar days per 23 year; 24 25 p. A discharge or flow from a riparian habitat or wetland; 26 27 q. A discharge or flow from water used in street washing that is not contaminated with any 28 soap, detergent, surfactant, degreaser, solvent, emulsifier, dispersant or any other harmful 29 cleaning substance; 30 31 r. Storm water runoff from a roof that is not contaminated by any runoff or discharge from 32 an emissions scrubber or filter or any other source of pollutant; and 33 34 s. Swimming pool water that has been dechlorinated or otherwise treated so that the 35 discharge contains no harmful quantity of chlorine,muriatic acid or other chemical used 36 in the treatment or disinfection of the swimming pool water or in pool cleaning. 37 38 H. Specific Prohibitions And Requirements 39 40 2. Non Inclusivity. The specific prohibitions and requirements in this section are not necessarily 41 inclusive of all the discharges prohibited by the general prohibitions of Section H. 42 43 2. Prohibited Releases. No person shall dump, spill, leak, pump, pour, emit, empty, discharge, 44 leach, dispose or otherwise introduce or cause, allow or permit to be introduced any of the 45 following substances into the MS4: 46 47 a. Any used or unused motor oil, antifreeze or any other motor vehicle fluid; 48 49 b. Any industrial waste; 50 51 c. Any hazardous or extremely hazardous waste, including household hazardous waste; D'\ MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10.15-0t.doc 14 Draft of 10-15-01 I 2 d. Any domestic sewage or septic tank waste, grease trap waste or grit trap waste; 3 4 e. Any garbage,rubbish or yard waste; 5 6 f. Any wastewater from a commercial car wash facility; from any vehicle washing, cleaning 7 or maintenance at any new or used automobile or other vehicle dealership, rental agency, 8 body shop,repair shop or maintenance facility; 9 10 g. Any wastewater from any washing, cleaning or maintenance of any industrial, 11 commercial or public service vehicle, including but not limited to a truck, bus or mobile 12 heavy equipment, by an industrial, commercial or public entity that operates or services 13 more than two(2)such vehicles on a regular basis; 14 15 h. Any wastewater from the washing,cleaning,de-icing or other maintenance of aircraft; 16 17 i. Any wastewater from the washing, cleaning or maintenance of railway engines or other 18 railway vehicles; 19 20 j. Any wastewater from a commercial mobile power washer or from the washing or other 21 cleaning of a building exterior that contains any soap, detergent, surfactant, solvent, 22 degreaser,emulsifier,dispersant or any other harmful cleaning substance; 23 24 k. Any wastewater from floor, rug or carpet cleaning; 25 26 1. Any wastewater from the washdown or other cleaning of pavement that contains any 27 harmful quantity of soap, detergent, surfactant, solvent, degreaser, emulsifier, dispersant 28 or any other harmful cleaning substance; or any wastewater from the washdown or other 29 cleaning of any pavement where any spill, leak or other release of oil, motor fuel or 30 motor vehicle fluid or hazardous or extremely hazardous substance has occurred, unless 31 all harmful quantities of such released material have been previously removed; 32 33 m. Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions 34 filter or the blowdown from a boiler; 35 36 n. Any ready-mixed concrete, mortar, ceramic, asphalt-based material or hydromulch 37 material, or discharge from the cleaning of vehicles or equipment containing or used in 38 transporting or applying such material; 39 40 o. Any runoff or washdown water from any animal pen, kennel or fowl or livestock 41 containment area that is used to contain or otherwise house animals, fowl or livestock for 42 the purpose of private,commercial or industrial sale; 43 44 p. Any filter backwash from a swimming pool, fountain or spa; 45 46 q. Any swimming pool water containing any harmful quantity of chlorine,muriatic acid or 47 other chemical used in the treatment or disinfection of the swimming pool water or in 48 pool cleaning; 49 50 r. Any discharge from water line disinfection by superchlorination or other means if it 51 contains any harmful quantity of chlorine or any other chemical used in line disinfection; DA_MAC PROJECTS\Beaumont\Watershed Ordinanca\Beaumont Watershed Ord-10-15-01.doc 15 Draft of 10-15-01 1 2 s. Any water used in the fighting of fires which contains oil or hazardous substances or 3 materials, except a fire fighting discharge or flow as defined by this Ordinance; 4 5 t. Any water from a water curtain in a spray room used for painting vehicles or equipment; 6 7 u. Any contaminated runoff from a vehicle or mechanical equipment wrecking yard; 8 9 v. Any substance or material that will damage,block or clog any portion of the MS4; 10 11 w. Any release from a petroleum storage tank (PST), or any leachate or runoff from soil 12 contaminated by a leaking PST, or any discharge of pumped, confined or treated 13 wastewater from the remediation of any such PST release, unless the discharge satisfies 14 all of the following criteria: 15 16 i. Complies with all state and federal regulations, standards and requirements; 17 18 ii. Contains no harmful quantity of any pollutant; 19 20 iii. Contains no more BTEX than is allowed by state water quality standards 21 applicable to those receiving waters to which such discharge may directly occur. 22 23 3. Erosion Control. No person shall introduce or cause to be introduced into the MS4 any 24 harmful quantity of sediment, silt, earth, soil or other material associated with clearing, 25 grading, excavation or other construction activities in excess of what could be retained on site 26 or captured by employing sediment and erosion control measures to the maximum extent 27 practicable under prevailing circumstances. 28 29 4. Sanitary Sewage. No person shall connect a sewer, pipeline, or other connecting line 30 conveying sanitary sewage to the MS4, allow such a connection to continue, or make use of 31 any such connection for the discharge of sewage to the MS4. 32 33 5. Pavement Washwater. No person shall cause or allow any pavement washwater from a motor 34 vehicle service station or facility providing services or fuel for motor vehicles to be 35 discharged into the MS4 unless such washwater has passed through a properly functioning 36 and maintained grease, oil and sand interceptor or other water quality device of comparable 37 removal effectiveness before discharge into the MS4. 38 39 6. No Discharge Without Required Permit or Plan. No person shall, acting alone or in concert 40 with others, create, cause, introduce, direct, allow or contribute to creating, causing, 41 introducing, directing or allowing a discharge to occur that results in a storm water discharge 42 without a permit or a plan required by this Ordinance or by state or federal regulation. 43 44 II. REGULATION OF PESTICIDES, HERBICIDES AND FERTILIZERS 45 46 A. Licensing 47 48 1. Presentation of License. Any license, permit, registration, certification or evidence of 49 financial responsibility required by state or federal law for sale, distribution, application, 50 manufacture, transportation, storage or disposal of a pesticide, herbicide or fertilizer must be DA—MAC PROJECTMeaumontMatershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 16 Draft of 10-15-01 1 presented to the City Engineer or any city law enforcement officer for examination upon 2 request. 3 4 B. Proper Use and Disposal 5 6 1. Use According To Directions. No person shall use or cause to be used any pesticide or 7 herbicide contrary to any directions for use on any labeling required by state or federal law or 8 regulation. 9 10 2. No Discharge Of Harmful Quantity. No person shall use or cause to be used any pesticide, 11 herbicide or fertilizer in any manner that the person knows, or reasonably should know, is 12 likely to cause, or does cause, a harmful quantity of the pesticide, herbicide or fertilizer to 13 enter the MS4 or waters of the State or the United States. 14 15 3. No disposal to MS4. No person shall dispose of, discard, store or transport a pesticide, 16 herbicide or fertilizer, or a pesticide, herbicide or fertilizer container in a manner that the 17 person knows, or reasonably should know, is likely to cause, or does cause, a harmful 18 quantity of the pesticide, herbicide or fertilizer to enter the MS4 or waters of the State or the 19 United States. 20 21 C. Notices 22 23 1. Display of Notice. Any person selling pesticides, herbicides or fertilizers at a retail or 24 wholesale place of business shall post a sign pertaining to the regulation of pesticides, 25 herbicides, and fertilizers that may be required by State regulation. Such sign, when required 26 by State regulation, shall also include or have appended to it a statementto the effect that 27 information on the use of pesticides, herbicides, and fertilizers can be obtained from the 28 Texas Natural Resource Conservation Commission. Such notice and information shall be 29 prominently displayed at the place of business where it may be read by purchasers of any 30 pesticide, herbicide,or fertilizer. 31 32 III. OILS AND MOTOR VEHICLE FLUIDS 33 34 A. Control of Discharges of Oil 35 36 1. No person shall discharge oil or motor vehicle fluids into the MS4 or a storm sewer, drainage 37 ditch or channel, storm water drainage system, storm water conveyance, septic tank, sanitary 38 sewer, surface water, groundwater, or watercourse. 39 40 2. No person shall mix or commingle oil or motor vehicle fluids with solid waste that is to be 41 disposed of in a landfill or directly dispose of oil or motor vehicle fluids on land or in a 42 landfill. 43 44 3. No person shall apply used oil to a road or land for dust suppression,weed abatement or other 45 similar purpose in a way or manner that introduces or is likely to introduce used oil into the 46 environment. 47 48 B. Notice Of Oil Collection. 49 50 2. A retail dealer who annually sells directly to the public more than 550 gallons of motor oil 51 shall post in compliance with State regulation a sign informing the public about recycling of D1 MAC PROJECTS13eaumonMatershed OrdinancelBeaumont Watershed Ord-10.15-01.doc 17 Draft of 10-15-01 1 used oil and used oil filters and that improper disposal of used oil is prohibited by law. The 2 sign shall prominently display the toll-free telephone number of the TNRCC Used Oil 3 Recycling Program. Such notice shall be prominently displayed at the place of business 4 where it may be read by purchasers of motor oil. 5 1. 6 7 IV. SPILL REPORTING AND CLEANUP 8 9 A. City Fire Department Reporting Requirement 10 11 1. Reportable Spill Incident. The person who operates or is in charge of any facility, vehicle or 12 other source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, 13 escaping, leaching, dumping, disposing of, or other releasing of any of reportable substance 14 that may flow, leach, enter or otherwise be introduced into the MS4 or waters of the State or 15 United States, shall immediately make an incident report by notifying the City Fire 16 Department concerning the incident. 17 18 2. A reportable substance requiring an spill incident report is any one or more of the following: 19 20 a. An amount equal to or in excess of a reportable quantity of any hazardous substance, as 21 established under 40 CFR Part 302; 22 23 b. An amount equal to or in excess of a reportable quantity of any extremely hazardous 24 substance, as established under 40 CFR Part 355; 25 26 c. An amount of oil that either(a)violates applicable water quality standards, or(b) causes 27 a film or sheen upon or discoloration of the surface of the water or an adjoining shoreline 28 or causes a sludge or emulsion to be deposited beneath the surface of the water or upon 29 an adjoining shoreline; or 30 31 d. Any harmful quantity of any pollutant. 32 33 B. Reportable Spill Incident Procedures. 34 35 1. Immediate Verbal Notification. A person becoming aware of a reportable spill shall, unless 36 verbal notification has previously been made, immediately make verbal notification of such 37 spill to the City Fire Department, epa ' eel<ef ether-Gity 38 office-designated-t>srve utf-report;-such notification to report the following information 39 to the extent such information is known at the time of notification: 40 41 a. The identity or chemical name of the substance released and whether the substance is a 42 hazardous or extremely hazardous substance; 43 44 b. The exact location of the release including any known name of the waters involved or 45 threatened and any other environmental media affected; 46 47 c. The time and duration(at the time of notification)of the release; 48 49 d. An estimate of the quantity and concentration of the substance released; 50 51 e. The source of the release; DA—MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-16-15-01.doc 18 Draft of 10-15-01 1 2 f. Any known or anticipated health risks associated with the release and, where appropriate, 3 information regarding medical attention that may be necessary for exposed individuals; 4 5 g. Any precautions that should be taken as a result of the release; 6 7 h. Any steps that have been taken to contain or clean up the released material and minimize 8 its impacts; and 9 10 i. The names and telephone numbers of the person or persons to be contacted for further 11 information. 12 13 2. Written Report. Within fifteen (15) calendar days following a reportable spill incident, the 14 responsible person in charge of the facility,vehicle or other source of the release shall, unless 15 waiver is provided by the City Engineer, submit a written report containing each of the items 16 of information required for verbal notification as well as the following additional 17 information: 18 19 a. The ultimate duration,concentration and quantity of the release; 20 21 b. All actions taken to respond to, contain and clean up the released substances and all 22 precautions taken to minimize the impacts; 23 24 c. Any known or anticipated acute or chronic health risks associated with the release; 25 26 d. Where appropriate, information regarding medical attention necessary for exposed 27 individuals; 28 29 e. The identity of any governmental or private sector representatives responding to the 30 release; 31 32 f. The measures taken or to be taken by the responsible person(s) to prevent similar future 33 occurrences; and 34 35 g. Other information the City Engineer, the Chief of Police, the Chief of the Fire 36 Department or their representative may request. 37 38 C. Liability 39 40 1. No Limitation of Liability. The notifications required for a reportable incident shall not 41 relieve the responsible person of any expense, loss, damage or other liability which may be 42 incurred as a result of the release, including any liability for damage to the City, to natural 43 resources or to any other person or property; nor shall such notification relieve the 44 responsible person of any fine, penalty or other liability which may be imposed pursuant to 45 this Ordinance or to state or federal law; nor shall notification relieve the responsible person 46 from complying with any and all state, federal or other local law or regulation requiring 47 reporting, cleanup, containment and any other appropriate remedial action in response to the 48 release. 49 50 2. Reimbursement. Any person responsible for a release described in subsection A shall 51 reimburse the City for any cost incurred by the City in responding to the release. DA—MAC PROJECTSTeaumontmatershed OrdinanceTeaumont Watershed Ord-10.15-01.doc 19 Draft of 10-15-01 1 2 V. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES 3 4 A. General Provisions 5 6 1. Construction Violation. Construction not initiated, conducted and terminated in accord with 7 the requirements of this Ordinance shall be a violation of this Ordinance. 8 9 2. Initiation And Termination Of Construction. Construction not initiated or terminated within 10 the time frame authorized by the City Engineer by notice, permit or license when such 11 authorization is required by this Ordinance shall be a violation of this Ordinance. 12 13 3. Time Limits For Grading. It shall be a violation of this Ordinance to not comply with 14 requirements for timely application for a Grading Permit,requirements for a Grading Plan, 15 and a Notice of Termination of Grading(NOTG). 16 17 4. Use Of Best Management Practices. Any and all operators of a construction site and any and 18 all other persons undertaking construction activities as a contractor or subcontractor at a 19 construction site shall use best management practices to control, reduce and prevent, to the 20 maximum extent practicable, the discharge of pollutants to the MS4 and waters of the United 21 States from activities conducted by said operator, contractor or subcontractor, such pollutants 22 to include but not limited to: sediment, silt, earth, soil, dirt, sand and gravel; lime, liquids, 23 solids and semi-solids used for soil treatment, preparation or amendment; concrete, slurries, 24 grout, tar and asphalt; construction vehicle cleaning and wash waters; construction vehicle 25 maintenance fluids such as hydraulic fluids, lubricants, fuels, brake fluids and coolants; 26 hazardous or extremely hazardous materials; materials resulting from repair, renovation or 27 demolition such as concrete, reinforcing bar, steel, wire, tar paper, roofing materials, sheet 28 rock, plaster, wood, cellar dirt and carpeting; residual and surplus construction materials; 29 paint, paint thinner, paint equipment cleaner and wastewater from the cleaning of painting 30 equipment and supplies; waste construction material packaging and containers; and 31 construction trash, debris and waste. 32 33 5. Remedy. The City may require remedy by the operator of a construction site of the conditions 34 of the construction site if the condition or the operation of the site by the operator of the 35 construction site is such as to cause, have caused or is likely to continue to cause imminent 36 harm or endangerment to the public or the environment. The cost of such remedy shall be 37 borne by the operator of the construction site. 38 39 6. Stop Work Order(SWO). 40 41 a. Whenever the City Engineer determines that the operation of a construction site has 42 violated or continues to violate any provision of this Ordinance, or any order issued 43 thereunder, as it may pertain to the operation of the construction site, the City Engineer 44 may order that a SWO be issued. Causes for issuance of a Stop Work Order (SWO) 45 include but are not limited to: 46 47 i. Noncompliance with requirements for notice, permit, plan or license for construction 48 required by this Ordinance; 49 50 ii. Noncompliance with requirements for closure of a construction site; 51 D:\ MAC PROJECTS\Beaumont\Walershed Ordinance\Beaumont Watershed Ord-10.1 5-01.doc 20 Draft of 10-15-01 1 iii. Conducting construction in a manner that fails to control to the maximum extent 2 practicable the discharge of sediments and other pollutants from the construction site; 3 or 4 5 iv. Conducting construction in a manner which the City Engineer determines to cause or 6 have the potential to cause a significant discharge of sediments or other pollutants to 7 the MS4 or waters of the United States. 8 9 b. When a SWO is issued, it shall be issued to the operator of the construction site for which 10 construction is to stop, be posted at the construction site and distributed to all City 11 departments and divisions whose decisions affect any activity at the construction site. 12 13 c. Unless express written exception is made by the City Engineer, the SWO shall prohibit 14 any and all further construction activity at the construction site, and shall bar any further 15 inspection or approval by the City of any work associated with a building permit, grading 16 permit or any other City approval necessary to commence or continue construction or to 17 assume occupancy at the site. 18 19 d. Issuance of a SWO shall not be a bar against,or a prerequisite for,taking any other action 20 against the construction site operator. 21 22 B. Construction Site 23 24 1. Definition Of Construction Site. A construction site is the location and all theareas wherein 25 construction activity, which is all or part of a common development or project,are occurring, 26 proposed to occur or have occurred, irrespective of whether that construction is in compliance 27 with this Ordinance, irrespective of whether that construction activity is ongoing or 28 temporarily suspended for any purpose and irrespective of whether the City Engineer has 29 granted authorization to undertake the construction activity. 30 31 2. Construction Site Boundary. The boundary of a construction site shall encompass all land 32 and surface water areas where construction activities of any type, including all areas of land 33 surface disturbed by or as a consequence of the construction activities or other activities in 34 support of the construction activities, are undertaken as part of a common development or 35 project. 36 37 3. Staged Construction. The construction site shall encompass all areas of land to be disturbed 38 by construction of a common development or project, irrespective of whether such 39 construction is undertaken or planned to be undertaken in one phase or stage or different 40 phases or stages and irrespective of whether such construction is undertaken or planned to be 41 undertaken at different, separate or simultaneous times. 42 43 4. Boundaries Of Disturbance. The boundary of the construction site shall include all areas of 44 land where the land is to be disturbed by construction of a common development or project, 45 irrespective of whether undertaken at contiguous or separate locations within the general area 46 encompassed by the common development or project, provided such boundary lies on or is 47 within the boundary of property collectively owned or leased by the one or more parties 48 undertaking any or all of the construction activities. 49 50 5. Active And Inactive Construction. The construction site shall encompass all areas of ongoing, 51 temporarily suspended, yet-to-be undertaken and completed construction encompassing the DA—MAC PROJECTS1BeaumontMatershed Ordinance\Beaumont Watershed 0rd-10.15-01.doc 21 Draft of 10-15-01 1 totality of the construction activities, irrespective of whether any or all the construction 2 activities are in compliance with this Ordinance. 3 4 6. City Engineer Definition Of Boundary. The City Engineer shall have the right to redefine, for 5 purposes of compliance with this Ordinance,the boundary of a construction site in extent and 6 amount necessary and sufficient in the judgment of the City Engineer to prevent the actual or 7 potential discharge of pollutants from the construction site to the MS4 or waters of the United 8 States to the maximum extent practicable, provided the boundary so defined lies on or within 9 the boundary of property collectively owned or leased by the one or more operators 10 undertaking any or all of the construction activities at the construction site. 11 12 7. Cessation of Site. A construction site shall, for the purposes of this Ordinance, cease to be a 13 construction site only at such time that all requirements for closure of the construction site as 14 specified by this Ordinance have been accomplished. 15 16 C. Operators,Owners And Applicants For Construction Activities 17 18 1. Operator. A construction operator as defined by and for the purposes of this Ordinance is the 19 person or persons who individually or collectively own or lease the property upon which the 20 construction activity is proposed to, or does, take place; has legal, financial, and operational 21 control over construction specifications (including the ability to make modifications in 22 specifications); has control over activities at the construction site sufficient to ensure 23 compliance with applicable requirements of this Ordinance either directly, by delegation, by 24 authorized representative or by contract; and has the authority for undertaking or directing the 25 undertaking of any or all construction activities at a construction site in accord with plans and 26 specifications. 27 28 2. Previous Owner or Leasee. In the event of a past partially completed or completed 29 construction activity, the operator is the person or persons who individually or collectively 30 owned or leased the property upon which that construction activity occurred during all or part 31 of the time the construction activity took place and during all or part of that time assumed all 32 or some responsibilities of an operator of a construction site. 33 34 3. Operator Responsibility. A construction operator shall be fully responsible for compliance 35 with all requirements of this Ordinance for construction activities, as may be applicable to the 36 type of construction activities being conducted, proposed to be conducted or that have been 37 conducted by the operator at a construction site, including but not limited to making 38 application for a Grading Permit, preparing a Grading Plan, performing closure of the 39 construction site, and tiling a Notice of Termination of Grading. 40 41 4. Assurance of Compliance. An operator of a construction site shall ensure that all contractors 42 under his control or direction, by force of verbal or written word, contract, plan or 43 specification, comply to the requirements of this Ordinance as it may apply to the 44 construction site. Such operator shall be liable for noncomplianceto the requirements of this 45 Ordinance by any or all construction contractors and subcontractors conducting work at the 46 construction site. 47 48 5. Change In Operator. In the event that the operator of the construction site changes, all or in 49 part, any and all Grading Permits, Grading Plans and Notices of Termination of Grading for 50 construction yet to be completed must name the new and continuing operators. Existing 51 documents shall be amended, as necessary, to reflect the new and continuing operators' DA—MAC PROJECTS%SeaumcntMatershe OrdinancelSeaumoM Watershed Ord-1 Q15-01.doc 22 Draft of 10-15-01 1 names. Any permits, plans, or notices that have been issued or approved by the City for the 2 construction to the original owner(s)must be reissued or re-approved, as appropriate,with the 3 name(s) of the new operator(s) in the same manner as the original operator, such reissuance 4 or re-approval being obtained no later than two working(2)days after such change. 5 6 6. Applicant. For the purpose of any applications for construction activities that may be required 7 by this Ordinance,an applicant is the person or persons making such application and is: 8 9 a. An owner of the property upon which construction is proposed or is taking place; or 10 11 b. A release if the leasee undertakes development of the property under the terms of the 12 lease. 13 14 7. Division Of Responsibility. In the event the operator of a construction site is more than one 15 legal entity,the City Engineer may,but is not required to, define those areas or sub areas of a 16 construction site or those construction activities at a construction site for which each entity 17 shall be considered responsible and held liable for complying to this Ordinance. 18 19 8. Responsibility Of Others. Any contractor or subcontractor on a site of construction activity 20 who is not an owner or operator, but who is responsible under a contract, subcontract or other 21 legally binding agreement for implementing a best management practices control measure or 22 performing necessary activities for closure of a site, is jointly and severally responsible for 23 any willful or negligent failure on his or her part to adequately implement such control 24 measure and perform such closure activities, if such failure could cause or contribute to, or be 25 reasonably expected to cause or contribute to, a significant discharge of pollutants to the MS4 26 or waters of the United States. 27 28 9. Joint And Several Liability. Any operator of a construction site who has obtained or is 29 required to obtain a permit or license from or provide notice to the City Engineer for conduct 30 of any type of construction at a construction site shall, with all other such operators of the 31 same construction site, be jointly and severally liable for initiating, conducting and 32 completing construction at a construction site in conformance with the requirements of this 33 Ordinance. 34 35 D. Types Of Construction Activities 36 37 1. Grading Activities 38 39 a. Grading Activities Defined. Grading activities are 'those activities which result in 40 exposure of raw soil on a temporary or permanent basis and may include, but are not 41 necessarily limited to, one or more of the following activities or practices when such 42 activities or practices are done for the purpose(s) of. smoothing, clearing, removing trees 43 and vegetation, configuring or shaping the land surface or subsurface; modifying 44 drainage, drainage patterns, drainage conveyances or drainage facilities; removing, 45 destroying or demolishing existing structures, surfaces or facilities; preparing the land for 46 construction of roads, highways, curbs, gutters, drainage devices, vehicle parking, 47 buildings, structures, walls, roofs, floors, pads, foundations, tanks, basements, pipes or 48 utilities; or providing support to any and all activities on a construction site described in 49 this paragraph and its subparagraphs: 50 O:l MAC PROJECTS1BeaumontMatershed OrdinancMBeaumont Watershed Ord-10.15-01.doc 23 Draft of 10-15-01 1 i. Clearing, including but not limited to removal, cutback, thinning, cutting, chopping, 2 hogging, ripping, scarifying, digging, burying, burning, destroying or other action 3 which has the effect of removing or lessening the amount, number,thickness, density 4 or extent of trees, grass, shrubs, plants or other vegetation in either a growing or 5 dormant state; 6 7 ii. Knowing application of chemicals to or beneath the land, or on the surfaces of 8 vegetation, which has effect of harming, stunting the growth, killing or otherwise 9 removing or lessening the amount, number, thickness, density or extent of trees, 10 grass, shrubs, plants or other vegetation in a growing or dormant state, for the 11 purpose of clearing vegetation, unless such application is for the sole purpose of 12 control of weeds or similar undesirable plants or vines, or is done under City, state or 13 federal permit or license for the purpose of controlling weeds or undesirable plants or 14 vines,killing pests,rodents,bugs or insects,or eradicating disease,fungus,mildew or 15 other biological threats to the viability of plants or other vegetation; 16 17 iii. Grading, including but not limited to moving, leveling, digging, dredging, 18 excavating, filling, backfilling, shifting, carrying, overturning, scraping, plowing, 19 smoothing, compressing, shaping, piling or otherwise disturbing soil, rock, boulders, 20 gravel, sand, clay, silt, peat, organic soil, dead vegetation, any natural aggregate of 21 mineral grains that can be either separated by mechanical agitation or are bound 22 together by cohesive forces,or any combination of such materials; 23 24 iv. Demolition of pavement, conveyances, and other appurtenances, including but not 25 limited to tearing down, tearing apart, ripping apart, knocking down, pulling up, 26 razing, or other similar complete or partial destruction of pavement, base material, 27 sub-base material, filter fabric, filter blankets, sidewalks, walkways, streets, roads, 28 highways, bikeways, curbs, gutters, concrete or asphalt lining or paving of channels 29 or canals, vehicle parking lots or parking area surfaces, man-hardened surfaces, 30 concrete or asphalt mechanical equipment or building pads or other man-made 31 surfaces; 32 33 v. Demolition of structures and facilities, including but not limited to tearing down, 34 tearing apart, ripping apart, knocking down, pulling up, digging up, or other similar 35 complete or partial destruction of buildings, basements, sheds, barns, outhouses, 36 walls, roofs, underground or aboveground tanks, utility service structures, towers, 37 pipes, sewers, culverts, sumps, wet wells, bridges, trestles, overpasses, truck docks, 38 ramps, underpasses,boat docks,wharves or any other man-made structure; and 39 40 vi. Disposal, including but not limited to removing, collecting, dispersing, spreading, 41 piling, shifting, lifting, pushing, carrying, hauling, dumping or otherwise moving of 42 waste, residual materials, spoil, recyclable materials or byproducts from clearing, 43 grading or demolition, including but not limited to concrete, cement, brick, asphalt, 44 rock, stone, wood, metal, glass, paper or paper products, cardboard, tar paper, trash, 45 dead or dying vegetation or debris resulting from clearing, grading or demolition. 46 47 b. City Engineer Can Define Grading. The City Engineer may define, for the purposes of 48 this Ordinance, any activity or practice that is similar to, in support of, or associated with 49 grading as a grading activity. 50 D.LMAC PROJECTS\8eaumonttWatershed OrdinanceWeaumont Watershed Ord-10-15-01.doc 24 Draft of 10-15-01 1 2. Closure Activities and Final Stabilization 2 3 a. Closure Activities. Activities at a construction site done for the purpose of closure of a 4 construction site in conformance with the requirements of this Ordinance are closure 5 activities, irrespective of whether such activities are construction activities. 6 7 b. Completion of Closure Activities. Construction activities at a site, for the purposes of this 8 Ordinance, shall not be complete at a construction site until proper closure of the site has 9 been accomplished. Until such time proper closure has been achieved,the operator of the 10 construction site is subject to all applicable requirements for conduct and completion of 11 construction activities at the construction site. Any operator of a construction site shall 12 complete all construction activities at a construction site in compliance with the 13 requirements of this Ordinance for proper closure. 14 15 c. Proper Closure.Proper closure includes but is not limited to the following: 16 17 i. Final stabilization of the site; 18 19 ii. Removal of all construction surplus and residual materials, supplies, building 20 materials,packaging,drums,cans and containers; 21 22 iii. Removal of all surplus and residual soaps, cleaners, pastes, mastics, solvents, 23 materials for soil amendment or preparation and similar construction materials; 24 25 iv. Removal of all excess, surplus and unused construction vehicle maintenance fluids, 26 including lubricants, fuels,brake fluids and coolants; 27 28 v. Removal of all wastes,trash and debris; 29 30 vi. Removal of any waste bins, enclosures, drums or similar containers which are not 31 intended to serve as permanent waste storage containers at the site; 32 33 vii. Removal of all temporary storm water pollution control devices, structures and 34 materials; 35 36 viii. If not identified for removal in City approved plans or specifications for the site, and 37 to the extent a construction operator or the construction operator's activities are 38 responsible for the damage or loss of function or capacity of storm water 39 conveyances and appurtenances: 40 41 1). Repair or replacement of damaged storm water conveyances and appurtenances; 42 43 2). Repair or replacement of damaged drainage works and facilities; and 44 45 3). Restoration of proper function and capacity of storm water conveyances. 46 47 d. Inactive Construction Site. A construction site for which active and ongoing on-site 48 construction activities have ceased for a period of fourteen (14) or more continuous 49 calendar days and for which necessary and proper closure actions as required by this 50 Ordinance have not been conducted, shall be considered in violation of this Ordinance, D:1 MAC PROJECTS18eaumont\Watershed Ordinancel8eaumont Watershed Ord-10-15-01.doc 25 Draft of 10-15-01 1 unless the construction site operator has submitted a NOTG for the site, or it is 2 demonstrated to the satisfaction of the City Engineer that: 3 4 i. Such lack of active and ongoing on-site construction activity is a result of only 5 temporary suspension of construction activities; and 6 7 ii. Site conditions are and will be maintained in a condition satisfactory to prevent the 8 discharge of pollutants to the MS4 or waters of the United States to the maximum 9 extent possible during the period of temporary suspension of construction activities 10 or until a NOTG is submitted and approved. 11 12 E. General Requirements For Construction Activities 13 14 1. Conduct of Construction 15 16 a. Any and all construction at a construction site shall be conducted in a manner so as to 17 reduce to the maximum extent practicable the discharge of sediments and other pollutants 18 from the construction site. No construction shall take place in a manner that the City 19 Engineer determines to cause or have the potential to cause a significant discharge of 20 sediments or other pollutants to the MS4 or waters of the United States. 21 22 b. An operator of a construction site shall maintain on-site and make available for 23 inspection by the City Engineer any notice, permit or license for construction and any 24 pollution control plan that may be required by this Ordinance or other state or federal 25 regulation. 26 27 c. Application for a Grading Permit shall be submitted to the City Engineer at least two (2) 28 working days prior to beginning construction activities of any type, including clearing 29 and leveling activities, for any construction site for which grading activities at the site 30 will disturb in total four-hundred-fifty(450)or more square feet of land surface area. 31 32 d. A Grading Permit issued by the City Engineer prior to start of construction activities of 33 any type shall be obtained for any construction site for which grading at the site will 34 disturb in total four-hundred-fifty(450)or more square feet of land surface area. 35 36 e. A Grading Plan shall be submitted to the City Engineer and approved by the City 37 Engineer prior to commencement of any grading at a construction site for which a 38 Grading Permit is required. 39 40 f. A Notice of Termination of Grading (NOTG) shall be submitted to the City Engineer 41 prior to final completion of construction activities for any construction site for which a 42 Grading Permit was required. 43 44 2. 90 Day Record Retention. All notices of construction; all permits, licenses and authorizations 45 for construction; all pollution prevention plans; all records of inspection(s) done by an 46 operator for the purpose of pollution prevention; all notices of completion or termination of 47 construction; and all amendments to such notices, permits, licenses, plans and records that 48 may be required by this Ordinance or other state or federal permit for discharges of storm 49 waters from the construction site shall be retained by the construction operator on site during 50 the course of construction activities and at the operator's place of business after completion 51 of construction activities a minimum of ninety (90) calendar days after termination of the DA—MAC PROJECTS%BeaumonMatershad OrdinancaTeaumont Watershed Ord-10-15-01.doc 26 Draft of 10-15-01 1 construction activities or, if an NOTG is required for the site, after final acceptance by the 2 City Engineer of the NOTG for the site. 3 4 3. Requirements For Any Size of Construction Site. The City Engineer may require that a 5 construction site of any size conform to any and all conditions of this Ordinance for 6 construction activities if the City Engineer determines that such requirements are necessary to 7 prevent a significant discharge of pollutants to the City's MS4 or waters of the United States 8 or are necessary because of imminent harm or endangerment to the public or the 9 environment. 10 11 F. Grading Permit And Grading Permit Application 12 13 1. General Provisions 14 15 a. A grading permit, when required, shall be obtained prior to the start of any grading 16 activity at a construction site by application to the City Engineer by the operator of the 17 construction site at which grading occurs or is proposed, such application providing such 18 information the City Engineer may require. 19 20 b. A Grading Permit authorizes a construction operator to conduct grading activities. 21 Obtaining a grading permit does not relieve an operator of complying to any and all 22 applicable requirements of this Ordinance exclusive of those dealing with grading. 23 24 c. Application for a Grading Permit shall require the submission of a Grading Plan to the 25 City Engineer for review, such plan providing information the City Engineer shall deem 26 as adequate and necessary to judge the sufficiency of the plan, when implemented, to 27 reduce to the maximum extent practicable the discharge of pollutants from the grading 28 site. 29 30 d. A Grading Plan shall be submitted in form and time satisfactory to the City Engineer, but 31 in no case after the issuance of a Grading Permit. 32 33 e. If for any reason the Grading Permit is suspended,revoked,terminated or voided, grading 34 shall immediately cease. 35 36 2. Grading Permit 37 38 a. A Grading Permit shall not be issued to an applicant for the Grading Permit if the 39 operator of the construction site is in violation of any provision of this Ordinance. 40 41 b. The Grading Permit must be obtained from the City Engineer at least two (2) working 42 days prior to commencement of grading. Only that grading which is described in the 43 Grading Permit can be undertaken. 44 45 c. The Grading Permit shall be posted at the grading site. 46 47 d. No grading can take place prior to the date of commencement of grading specified in the 48 Grading Permit. 49 50 e. No grading can take place after the termination of the period of grading authorized by the 51 Grading Permit. DA—MAC PROJECTS1Beaumonl\Watershed Ordinance\Beaumont Watershed Ord-10-1501.doc 27 Draft of 10-15-01 1 2 f. Grading must be started no later than thirty (30) calendar days after the date of 3 commencement of grading specified in the Grading Permit. If grading is not started 4 within said thirty(30)calendar days,the Grading Permit shall become void. 5 6 g. Application for a change in the date of commencement of grading specified in a Grading 7 Permit must be made at least two (2) working days prior to the date of the proposed 8 change. 9 10 h. Application for a change in the date of termination of grading specified in a Grading 11 Permit must be made at least two (2) working days prior to the date of the proposed 12 change. 13 14 3. Elements of Grading Permit. The Grading Permit application shall include but be not limited 15 to the following: 16 17 a. Address or other description of location of the grading site; 18 19 b. Name and address of the construction site operator, either property owner or leasee, and 20 name and address of general construction contractor, if different from property owner or 21 leasee. 22 23 c. Name, address and business telephone number of the construction site operator's on-site 24 representative; 25 26 d. Earliest date of commencement of grading activity; 27 28 e. Proposed dates of termination of grading activity, completion of final stabilization 29 activities and closure of the site; 30 31 f. Practices to be employed for site stabilization during the course of the construction. 32 33 g. A site plan, with identification of areas and types of grading proposed and lands to be 34 graded which will, after completion of all grading activity, be pervious and impervious; 35 36 h. Description of means by which the site is to be temporally stabilized during suspension of 37 grading activities for periods of fourteen (14)or more days and permanently stabilized by �8 the time of completion of grading activities; 39 40 i. Any other information the City Engineer may deem necessary, whether or not required of 41 any other operator making application for a grading permit; and 42 43 j. Certification by the applicant for the Grading Permit that the information provided on the 44 Grading Permit application is true and accurate. 45 46 4. Amendment To Grading Permit 47 48 a. Application for amendment to a grading permit can be made at any time two (2) or more 49 working days prior to the time identified in the Grading Permit for completion of grading 50 activities, provided the person making application is not in violation of this Ordinance. 51 D'\_MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumord Watershed Ord-10.15-01.doc 28 Draft of 10-15-01 1 b. An application for amendment shall be provided in form and format as may be acceptable 2 to the City Engineer. 3 4 c. If the application for amendment to a Grading Permit requires a change in the Grading 5 Plan in order for the Grading Plan to remain true and accurate should grading be 6 undertaken in conformance with the amendment, an appropriately modified Grading Plan 7 shall also be provided at the time of application for amendment to the City Engineer. 8 9 5. Late Filing of Amendment To A Grading Permit 10 11 a. Late Filing Defined.If application for amendment to a Grading Permit is made later than 12 two (2)working days prior to the time for which the activities or conditions described by 13 the amendment are to occur, exist or come about, and such activities or conditions are not 14 authorized by the Grading Permit prior to application for amendment, the application 15 shall be deemed to be a Late Filing of Grading Permit Amendment. 16 17 b. Late Filing Requirements.A Late Filing of Grading Permit Amendment shall meet all the 18 same conditions and requirements as application submitted more than two (2) working 19 days prior to the time for which the activities or conditions described by the amendment 20 are to occur, exist or come about, and include other such information the City Engineer 21 may require. 22 23 c. City Engineer Approval. Grading to be undertaken in accord with a Late Filing of a 24 Grading Permit Amendment shall not be undertaken until such amendment is approved 25 by the City Engineer. 26 27 b. No Relief from Other Actions.Approval by the City Engineer of a Late Filing of Grading 28 Amendment or payment of any fees for such late filing shall not relieve the applicant 29 from any or all administrative enforcement remedies, judicial enforcement remedies, 30 enforcement actions or other remedies allowed by this Ordinance. 31 32 6. Exemptions. Exemption from requirements for a Grading Permit and Grading Plan shall apply 33 for the following situations or conditions: 34 35 a. Residential Maintenance. The grading activity is undertaken at a single or multiple 36 family residential property site for the sole purpose of maintenance of the residential 37 property site; 38 39 b. Emergency Action. the City Engineer determines the grading is necessary on an 40 emergency basis because of imminent harm or endangerment to the public or 41 environment, in which case the grading may be continued only so long as such imminent 42 harm or endangerment or threat of harm or endangerment exists; 43 44 c. Waiver. The City Engineer may provide a waiver to the requirement for a grading permit 45 upon the request of the operator seeking such waiver. The waiver is to be provided only 46 if the grading for which waiver is sought is demonstrated to the satisfaction of the City 47 Engineer to meet all of the following conditions: 48 49 i. The required demonstration is provided in a form satisfactory to the City Engineer; 50 DA—MAC PROJECTMEleaumonhWatershed Ordinance0ea=o4ri Watershed Ord-10-15-01.doc 29 Draft of 10-15-01 1 ii. Will not contribute to a violation of this Ordinance or any permit or license the City 2 may hold to discharge storm water; 3 4 iii. The grading activity is of such size, extent, magnitude or location as to neither allow, 5 cause or have potential to cause a significant discharge of sediments or other 6 pollutants to the MS4 or waters of the United States; 7 8 iv. There is a compelling public interest for issuance of a waiver; 9 10 v. It is in the general interest of the health and safety of people in the City or protection 11 of the environment that such waiver be provided, such interest not to be based upon 12 cost or economic considerations as they may apply to or affect the operator seeking 13 waiver of permit; and 14 15 vi. Other such conditions the City Engineer may deem necessary to ensure that 16 significant discharge of sediments and other pollutants does not occur. 17 18 G. Notice of Termination of Grading (NOTG) 19 20 1. General Provisions 21 22 a. A Notice of Termination of Grading (NOTG) shall be submitted by the operator at the 23 completion of construction for any site for which a Grading Permit is required or issued. 24 25 b. No grading activities can take place at a grading site identified in aGrading Permit after a 26 NOTG is submitted to the City Engineer for the grading site,unless the Grading Permit is 27 amended or application for another Grading Permit is made. 28 29 c. The information contained in the NOTG shall be in form as the City Engineer may 30 specify. 31 32 2. Contents Of NOTG. When a NOTG is submitted for notice of termination of grading at a 33 construction site,the following shall be submitted with the NOTG: 34 35 a. A description of the means, methods and extent of final stabilization of the grading site, 36 including a summary of any actions, procedures or practices that the construction 37 operator proposes to perform or be performed by agreement with others after issuance of 38 the NOTG; any other information the City Engineer may deem necessary, whether or not 39 required of all construction operators; and 40 41 b. Certification by the operator of the grading site that the site has been stabilized or that 42 arrangement for stabilization has been accomplished in conformity with a grading plan 43 approved by the City Engineer. 44 45 3. Application Deadline. An NOTG must be submitted by the operator of a grading site no later 46 than fourteen(14)calendar days after the date for termination of grading given in the Grading 47 Permit. 48 49 4. No Early Submittal OfNOTG. A NOTG shall not be submitted for a site with grading until 50 such time that grading activities have been completed and final stabilization in accord with 51 the Grading Plan has been achieved. D\ MAC PROJECTS1BeaumontMatershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 30 Draft of 10-15-01 1 2 5. Amendment to NOTG 3 4 a. No Penalty Filing of Amendment. Amendment to a NOTG can be made without penalty 5 by filing application of an amended NOTG at least two (2)working days prior to the date 6 of termination of grading activity specified in the NOTG. 7 8 b. Penalty For Late Filing of Amendment. If amendment to a NOTG is filed later than two 9 (2) working days prior to the date of termination of grading activity specified in the 10 NOTG, such amendment may be rejected or require reasonable additional fee as may be 1 I established by the City Engineer. 12 13 H. Acceptance,Conditional Acceptance Or Rejection Of A NOTG 14 15 1. Types Of Acceptance Of NOTG. Upon submission of a NOTG, the City Engineer may issue 16 an acceptance, conditional acceptance or rejection of the NOTG. The City Engineer will 17 confirm all acceptances, conditional acceptances or rejections in writing. 18 19 2. Acceptance By Default. If no action is taken by the City Engineer within fourteen (14) 20 calendar days of submission for the NOTG for a construction site, the City Engineer shall be 21 presumed to have accepted the NOTG, except in the event that such submission was not done 22 in accordance with this Ordinance, the information contained in the NOTG was false or 23 incomplete or the person submitting the NOTG was in violation of this Ordinance. 24 25 3. Review. The City Engineer can make such review of plans, specifications, pollution control 26 plans, grading plans, site related documents, city records, construction records and site 27 inspections the City Engineer may deem necessary or desirable in determining whether to 28 issue an acceptance,conditional acceptance or rejection of a submitted NOTG. 29 30 4. Relief Provided By Acceptance. Acceptance by the City Engineer of aNOTG for a grading 31 site relieves the operator of any further site stabilization requirements for purposes of this 32 Ordinance, unless a conditional acceptance is issued, in which case the operator is relieved of 33 any further site stabilization only at such time that the City Engineer shall determine that the 34 conditions of the conditional NOTG have been fully met and completely satisfied. 35 36 a. Acceptance Of NOTG. The City Engineer shall issue an Acceptance of an NOTG by 37 written communication or default (without written communication) when the City 38 Engineer is satisfied that: 39 40 i. Conditions for closure have been met; 41 42 ii. The site has been adequately stabilized or adequate provision for final stabilization of 43 the site has been accomplished; 44 45 iii. The person submitting the NOTG is not in violation of this Ordinance; 46 47 iv. The submission of the NOTG has been made in a timely fashion to the City Engineer; 48 and 49 50 v. All other conditions that the City Engineer may specify have been met. 51 DA—MAC PROJECTS\Beaumont\Watershed OrdinancetBeaumorx Watershed Ord-10-15-01.doc 31 Draft of 10-15-01 1 b. Conditional Acceptance. The City Engineer may issue a conditional acceptance of the 2 NOTG if the City Engineer determines there is reasonable expectation that the applicant 3 will meet the conditions specified for conditional acceptance and, by doing so, will meet 4 all conditions for acceptance of the NOTG. 5 6 i. Requirements For Conditional Acceptance. The City Engineer may require bond, 7 contract, warranty or other assurance of the operator or other parties that the 8 conditions of the conditional acceptance will be satisfied in a manner acceptable to 9 the City Engineer. Conditions for which the City Engineer may issue a conditional 10 acceptance include but are not limited to the following: 11 12 1). Final stabilization of the construction site is not complete, but is progressing 13 satisfactorily and can be reasonably expected to reach a satisfactory level of 14 complete stabilization without further action on the part of the operator; 15 16 2). Adequate provision has been made by the operator to ensure that satisfactory 17 stabilization will be accomplished by others; 18 19 3). Deficiencies in meeting closure requirements will be remedied by others; or 20 21 4). Site conditions are such as to not warrant further stabilization activities at the 22 current time but would warrant further stabilization in the future if site conditions 23 were to change. 24 25 ii. Final Acceptance Of Conditional Acceptance. When the conditions for a conditional 26 acceptance of a NOTG have been met to the satisfaction of the City Engineer, the 27 City Engineer shall issue a final acceptance of the NOTG. The operator receiving the 28 conditional acceptance shall make application to the City Engineer in a manner 29 specified by the City Engineer to receive the final acceptance of the NOTG. Means 30 by which the operator can demonstrate satisfaction of the terms of the conditional 31 acceptance include but are not limited to the following: 32 33 1). All mandatory deadlines for inspection by the City Engineer of the areas of the 34 construction site to which the conditions established in the conditional 35 acceptance apply have passed; 36 37 2). The operator submits a certification to the City Engineer that the conditions of 38 the conditional acceptance have been met, the operator requests in writing to the 39 City Engineer that such certification be accepted and the City notifies the 40 operator that the request for such acceptance of such certification is accepted; or 41 42 3). The operator submits a certification to the City Engineer that the conditions of 43 the conditional acceptance have been met, the operator requests in writing to the 44 City Engineer that such certification be accepted and the City does not notify the 45 operator within thirty (30) calendar days of receipt of such written request that 46 the request for such acceptance of such certification is accepted or denied. 47 48 iii. Responsibility For Compliance To Conditional Acceptance. When a conditional 49 NOTG is issued for a site, the operator to whom the conditional acceptance is issued 50 shall be responsible for meeting the conditions of the conditional acceptance.The 51 operator of the site can be required to undertake further measures to remedy a 0i—MAC PROJECT&Beaumont\Walershed Ordinance\Beaumont Watershed Ord-10.15-0t.doc 32 Draft of 10-15-01 1 significant release of sediments or other pollutants, even if not specified as a 2 condition of the conditional acceptance, in the event that conditions occur during the 3 period when the conditional acceptance is in effect that allow significant discharge of 4 sediments or other pollutants to the MS4 or waters of the United States and such 5 significant discharges are the result of action or inaction of the operator. 6 7 c. Rejection Of NOTG. The City Engineer may reject an application for issuance of a 8 NOTG if in City Engineer determines conditions for issuance of acceptance of the NOTG 9 are not satisfied. 10 11 i. Any rejection of a NOTG shall include notice to the operator receiving the rejection, 12 with the reason for the rejection. 13 14 d. Revocation Of A NOTG. The City Engineer shall have the right to revoke a NOTG 15 within three years of issuance if: 16 i. Acceptance is found to have been based upon false or misleading information 17 submitted by the operator;or; 18 ii. Conditions specified in the conditional acceptance were not met. 19 20 I. Pollution Control Activities 21 22 1. General Provisions 23 24 a. Grading shall be in conformance with the Grading Plan when such Grading Plan is 25 required. 26 27 b. Temporary or interim site stabilization during the course of construction shall be utilized 28 to the maximum extent practicable to limit the discharge of sediment during the 29 construction activities. 30 31 2. Construction Storm Water Pollution Prevention Plan (SWP3) 32 33 a. For a construction site that is five(5) or more acres and that is required by state or federal 34 regulation to have an SWP3, the SWP3 shall be signed and sealed by a registered 35 professional engineer. 36 .3 i a. For a construction site that is one (1) or more acres but less than five (5)acres anct that is 38 required by state or federal regulation to have an SWP3, the SWP3 shall be signed and 39 sealed by a registered professional engineer or a registered landscape architect. 40 41 b. Any storm water pollution prevention plan required by federal or state regulation shall be 42 retained on site during the course of construction and made available to inspection by the 43 City upon request. Failure to produce such required storm water pollution prevention 44 plan shall be grounds for issuance of a SWO. 45 46 C. The City Engineer may request and receive in a timely fashion at the time of or after 47 application for a Grading Permit a copy of any storm water pollution prevention plan 48 required by federal or state regulation for discharge of storm waters from a construction DA—MAC PROJECTS1BeaumontMatershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 33 Draft of 10-15-01 1 site. Failure to provide such requested pollution control plan with a timeframe specified 2 by the City Engineer shall be grounds for issuance of a SWO. 3 4 e The City Engineer may require additional information, plans or specifications be 5 provided in an SWP3 for a construction site if the City Engineer determines such 6 additional information, plans or specifications are necessary to prevent the discharge of 7 pollutants to the MS4 or waters of the United States. 8 9 3. Grading Plan 10 11 a. Grading Plan Requirements. A grading plan shall include description of measures the 12 City Engineer deems necessary to prevent the discharge of sediments and other pollutants 13 to the MS4 or waters of the United States to the maximum extent practicable, including 14 but not limited to, measures, if appropriate,to: 15 16 i. Ensure that existing vegetation is preserved where feasible and that disturbed 17 portions of the grading site are stabilized as soon as practicable, but in no case later 18 than fourteen (14) calendar days, in portions of the site where construction activities 19 have temporarily or permanently ceased; 20 21 ii. Use measures to divert flows from exposed soils, or otherwise limit runoff and the 22 discharge of sediments and other pollutants from the site to the maximum extent 23 practicable; 24 25 iii. Minimize, to the maximum extent practicable, the tracking of mud, soil, silt or 26 sediments off site by vehicles, the generation of dust, and the escape of other 27 windblown waste from the site; 28 29 iv. Prevent the discharge of building materials, including cement, lime, concrete and 30 mortar,to the MS4 or waters of the United States; 31 32 v. Provide for timely maintenance of vegetation, erosion and sediment control 33 measures, runoff control devices, and other best management practices to ensure they 34 are kept in good and effective operating condition; 35 36 vi. To prevent the discharge or other release of surplus or unused concrete or concrete 37 truck wash waters to storm water runoff or conveyances; and 38 39 vii. "io stockpile loose materials so as to prevent or limit discharge of such stockpiled 40 material to off-site areas and storm water conveyances. 41 42 b. Grading Plan Elements. Any Grading Plan provided to the City Engineer shall be 43 provided in format and content acceptable to the City Engineer and shall include 44 description of elements appropriate to the size and potential impact of the grading on the 45 environment, including but not limited to description of the site,areas to be disturbed, 46 site stabilization during grading, best management practices to be used to limit sediment 47 runoff, and final stabilization. 48 49 c. Revisions To Grading Plan 50 D.\ MAC PROJECTS\Beaumont\Watershed OrdinancelBeaumont Watershed Ord-10.15-01.doc 34 Draft of 10-15-01 1 i. The Grading Plan shall accurately reflect site conditions and the grading activities 2 proposed to be undertaken thereon. Revision necessary to maintain an accurate and 3 up-to-date Grading Plan shall be made in a timely fashion but in no case later than 4 two (2) working days after the occurrence or existence of conditions or activities 5 necessitating such revision. 6 7 ii. If the conditions or activities described by a Grading Plan revision could be 8 reasonably expected to result in a increase in the actual or potential discharge of 9 pollutants from the site, such revision must be approved by the City Engineer prior to 10 implementation of the proposed revision at least two (2) working days prior to the 11 implementation of activities described by the revision. 12 13 iii. The City Engineer shall have the right to reject any revision to a Grading Plan, even 14 if such revision has already been implemented by the operator, if the City Engineer 15 determines that such revision does not accurately reflect conditions or activities 16 insofar as they pertain to grading activities, or the City Engineer determines that the 17 revision will not prevent or is not likely to prevent the discharge of pollutants to the 18 MS4 or waters of the United States to the maximum extent practicable. 19 20 iv. The submission of a revision to a Grading Plan shall be in a form acceptable to the 21 City Engineer. 22 23 v. The City Engineer shall have two (2) working days to approve or reject a revision to 24 a Grading Plan after submittal of a proposed revision in acceptable form to the City 25 Engineer. If the City Engineer does not issue approval or rejection of the revision 26 within two(2)working days,the revision shall be assumed to be approved. 27 28 4. Site Stabilization 29 30 a. Site Stabilization. Interim or temporary site stabilization and other best management 31 practices shall be employed during the course of construction to stabilize the site to the 32 maximum extent practicable. Interim or temporary stabilization measuresmay be used as 33 part of final stabilization measures 34 35 b. Final Stabilization. A construction site with grading shall be permanently and completely 36 stabilized as part of the closure of the construction site. A site shall be considered 37 completely stabilized when all land surfaces, including areas of runoff, drainage and 38 drainage pathways on the site has been made impermeable or resistant to erosion, such 39 resistance to erosion being accomplished by use of vegetation,modification or control of 40 topography, use of manmade materials, runoff control, drainage management, or similar 41 means acceptable to the City Engineer. 42 43 J. Exemptions To Requirements For Construction 44 45 1. Exemptions Categories. Neither a Grading Permit, a Grading Plan, or a NOTG shall be 46 required for any of the following activities, unless the City Engineer determines a Grading 47 Permit, a Grading Plan or a NOTG is necessary to prevent the significant discharge pollutants 48 to the MS4 or to waters of the State or the United States, irrespective of whether one or more 49 of the following activities occur: 50 DA—MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10.15-01 doc 35 Draft of 10-15-01 1 a. Grading activities do not result in a total area of disturbance exceeding 450 square feet of 2 surface areas at the construction site; 3 4 b. Grading activities undertaken solely for maintaining or repairing existing storm water 5 conveyances or appurtenances, flow control devices or drainage structures or facilities; 6 7 c. Grading activities undertaken solely for prevention or control of erosion along or 8 deterioration of an existing storm water conveyance or appurtenance; removal of 9 sediments, trash, debris or floatables from an existing storm water conveyance or 10 appurtenance; or remediation of similar conditions detrimental to the functioning of an 11 existing storm water conveyance or appurtenance; 12 13 d. Grading activities undertaken solely for maintenance or repair of an existing street, road 14 or highway or associated existing traffic control appurtenances (such as turnouts or 15 medians), such existing street, road or highway or appurtenances not to include new or 16 widened lanes, new traffic control appurtenances, existing or new retaining walls or 17 existing or new bridges; 18 19 e. Grading activities undertaken for the sole purpose of repair of an existing street, road or 20 highway or associated appurtenances,culvert or bridge or bridge components when repair 21 is necessary as a consequence of damage from an accident, vandalism, or similar 22 unforeseeable cause; 23 24 IF Grading activities undertaken for the sole purpose of maintenance or repair of existing 25 street,road, highway,canal, ditch or other storm water conveyance system ; 26 27 g. Cutting, mowing, clipping, trimming or cutback of trees, shrubs, grass, flowers, plants or 28 other vegetation for ornamental, esthetic or decorative purposes, for the purpose of 29 maintaining or improving the health or viability of the vegetation; for the purpose of 30 safety or health of people or for the purpose of complying to other City ordinances; 31 32 h. Grading solely associated with or done solely in conjunction with maintenance, control or 33 preservation of residential vegetation; 34 35 i. Cutting, mowing, clipping, trimming or cutback of trees, shrubs, grass, flowers, plants or 36 other vegetation on public property; right-of-way for streets, along roads and highways; 37 and in or adjacent to ditches, channels, ponds, lakes, canals or other storm water 38 conveyances if done for ornamental, esthetic or decorative purposes; for maintenance of �9 flow capacity; for protection of'the physical integrity of structures, buildings, bridges or 40 conveyances; or for purposes of safety or health of people; 41 42 j. Grading activity undertaken for the purpose of maintenance of in-use residential property 43 or adjoining grounds and surface waters if done for ornamental, esthetic or decorative 44 purposes; for the purpose of maintaining or improving the health or viability of the 45 vegetation of such property or adjoining grounds and surface waters;or for the purpose of 46 safety or health of people; 47 48 k. Grading activity undertaken for the purpose of maintenance of public property and 49 ancillary facilities if done for ornamental, esthetic or decorative purposes, for the purpose 50 of maintaining or improving the health or viability of the vegetation on such property or 51 ancillary facilities; or for the purpose of safety or health of people; and O:\_MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 36 Draft of 10-15-01 1 2 1. Grading activity undertaken for the purpose of maintenance, modification or operation of 3 agricultural or livestock property or facilities. 4 5 VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL AND COMMERCIAL 6 ACTIVITY 7 8 A. High risk industrial and commercial facilities. High risk industrial, commercial, or combined 9 industrial and commercial facilities which are or include one or more of the following: 10 11 1. Active municipal landfills; 12 13 2. Currently operating hazardous waste treatment,disposal,or recovery facilities; 14 15 3. Active industrial facilities that are subject to Section 313 of Title III of the Superfund 16 Amendments and Reauthorization Act of 1986(SARA)42,USC § 11023; 17 18 4. Active or inactive industrial or commercial facilities that the City Engineer determines are 19 contributing to, have, or have the potential of having a significant discharge of pollutants to 20 the MS4; and 21 22 5. Active or inactive facilities the City Engineer determines as having significant potential for 23 the discharge of toxic,hazardous or extremely hazardous pollutants. 24 25 B. Compliance Requirements For Operators of High Risk Facilities. 26 27 1. High Risk Industrial Facilities Requiring State or Federal Discharge Permit.The following 28 are required for high risk facilities required by state or federal regulation to have permit for 29 discharge of storm waters from industrial activity: 30 31 a. Any operator who obtains coverage for any storm water discharge under a state or federal 32 industrial storm water permit shall submit to the City Engineer a signed copy of any NOI 33 or similar notification that may be required by such permit at least two (2) working days 34 prior to the commencement of the industrial activity at the facility. If the industrial 35 activity is already underway upon the effective date of this Ordinance,the NOI or similar 36 notice previously submitted to a state or federal agency shall be submitted to the City 37 Engineer within ninety(30)calendar days of the effective date of this Ordinance. 38 39 b. wnen a facility operator changes, the new operator of the facility shall submit to the City 40 Engineer a copy of the NOI if an NOI is required by state or federal regulation. Such 41 copy shall be provided no later than fourteen(14)calendar days after such change. 42 43 c. The City Engineer may by written notice require any operator who is required by state or 44 federal permit to prepare a SWP3 to submit that SWP3 the City Engineer for review. 45 Such review may include a site inspection by the City Engineer. Such submittal and 46 review of the SWP3 may be required by the City Engineer both prior to commencement 47 of or during industrial or commercial activity at the facility. 48 49 d. Upon the City Engineer's review of a facility's SWP3, the City may deny approval 50 necessary to commence or continue operation of the facility if the City Engineer 51 determines a discharge from the facility may occur that would be in violation of this DA—MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 37 Draft of 10-15-01 1 Ordinance or causes or has the potential to cause a significant discharge of pollutants to 2 the MS4 or waters of the United States. 3 4 e. The operator of a facility required by state or federal regulation to have a SWP3 shall 5 make a copy of such SWP3 and any modification thereto immediately available to the 6 City Engineer upon request. 7 8 f. When all facility storm water discharges associated with industrial activity that are 9 permitted or required to be permitted under state or federal regulation are eliminated, or 10 where the operator of such permitted storm water discharges associated with industrial 11 activity at a facility changes, the operator of the facility shall submit to the City Engineer 12 a copy of any Notice of Termination (NOT) that may be required by state or federal 13 regulation. 14 15 2. High Risk Industrial Facilities Requiring Monitoring 16 17 a. Provide Copy Of Sampling Results. If the industrial facility is required by state or federal 18 discharge permit to conduct monitoring that requires storm water sampling and analytical 19 analysis of samples collected, a copy of each discharge monitoring report (DMR) 20 required by state or federal discharge permits shall be also submitted to the City 21 Engineer, if the City Engineer has notified the operator in writing to provide such reports, 22 within ninety (90) calendar days of such sampling events or within thirty (30) calendar 23 days of submittal of such monitoring report to a federal or state agency,whichever comes 24 later. 25 26 C. Compliance Monitoring 27 28 1. Storm Water Sampling Requirements 29 30 a. The City Engineer shall have the right to require a commercial or industrial facility to 31 conduct storm water sampling for parameters specified by the City Engineer in accord 32 with protocols and at frequencies the City Engineer may prescribe. 33 34 b. The City Engineer may require the discharger to install discharge monitoring equipment 35 as necessary at the discharger's expense for the purpose of storm water sampling. Such 36 equipment shall be maintained at all times in a safe and proper operating condition by 37 the discharger at the discharger's expense. All devices used to measure storm water 38 flow or quality shall be calibrated to ensure their accuracy. S9 40 c. The City Engineer may use sampling results previously collected by the facility for 41 purposes of compliance to state or federal permit in lieu of collection of new sampling 42 data if the City Engineer determines such data will be sufficient for compliance 43 evaluation. 44 45 d. When storm water sampling is required of an industrial or commercial facility by the 46 City Engineer, the written report of such sampling and sampling results shall be 47 submitted to the City Engineer in form and manner specified by the City Engineer. 48 49 2. Right Of Entry For Inspection And Sampling Purposes 50 DA—MAC PROJECTS13eaumont=atershed Ordinance\Beaumont Watershed Ord-10-15.01.doc 38 Draft of 10-15-01 1 a. The City Engineer shall have the right to enter any industrial or commercial facility 2 discharging or suspected of discharging storm water to MS4 or to waters of the United 3 States that is not in compliance with this Ordinance to determine whether or not the 4 discharger is complying with all requirements of this Ordinance. Such facilities shall 5 allow the City Engineer ready access to all parts of the premises for the purposes of 6 inspection, sampling, records examination and copying and for the performance of any 7 additional duties. Dischargers shall make available to the City Engineer, upon request, 8 any SWP3s, modifications thereto, self-inspection reports, monitoring records, 9 compliance evaluations, NOIs and any other records, reports and other documents 10 related to compliance with this Ordinance or with any state or federal active discharge it permit issued to the facility. 12 13 b. Where a discharger has security measures in force which require proper identification 14 and clearance before entry into its premises, the discharger shall make necessary 15 arrangements so that, upon presentation of suitable identification, the City Engineer or 16 the City Engineer's representative will be permitted to enter without unreasonable delay 17 for the purposes of performing his or her responsibilities. 18 19 c. The City Engineer shall have the right to set up monitoring devices on the property of an 20 industrial or commercial discharger, or require installation of such devices as are 21 necessary to conduct sampling,metering or other measurement of the facility discharges. 22 23 d. Any temporary or permanent obstruction to safe and easy access to the facility to be 24 inspected or sampled shall be promptly removed by the discharger at the writtenrequest 25 of the City Engineer and shall not be replaced. The costs of clearing such access shall be 26 borne by the discharger. 27 28 e. Unreasonable delays in allowing the City Engineer access to the discharger's premises 29 shall be a violation of this Ordinance. 30 31 D. No Exposure Certification. 32 33 1. In lieu of monitoring or copy of SWP3 requested by the City Engineer of an industrial or 34 commercial facility,the facility operatormay submit and the City Engineer may accept a"No 35 Exposure Certification." 36 37 A "No Exposure Certification" may be verified by inspection at any time by the City Engineer. 38 The City Engineer shall have the authority to determine conditions of exposure and no 39 exposure in all cases. It' the City Engineer determines that a previously submitted "No 40 Exposure Certification" is invalid,the person providing such certification shall be in violation 41 of this Ordinance. 42 43 3. A "No Exposure Certification" submitted for consideration by the City Engineer shall be 44 provided in form prescribed by the City Engineer. If a "No Exposure Certification" is 45 rejected by the City Engineer,the facility operator shall comply to this Ordinance in the same 46 manner as if no such certification had been submitted. 47 48 4. If facility conditions change so as to cause a"No Exposure Certification,"to become invalid, 49 the facility operator shall notify the City Engineer in writing within fourteen (14) business 50 days. Notice shall be in form and format specified by the City Engineer. Failure to make 51 such notice shall be a violation of this ordinance. DA—MAC PROJECTMBeaumonhWatershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 39 Draft of 10-15-01 1 2 E. Search Warrants 3 4 1. If the City Engineer has been refused access to any part of the premises from which storm 5 water is discharged,and the City Engineer has probable cause to suspect that there may be a 6 violation of this Ordinance,or that there is a need to inspect or sample a discharge as part of 7 an inspection and sampling program of the City designed to verify compliance with this 8 Ordinance or any order issued hereunder, or to protect the public health, safety and welfare 9 of the community, then the City Engineer may seek issuance of a search warrant from a 10 court of competent jurisdiction. 11 12 VII. CITIZEN REPORTS OF VIOLATIONS 13 14 A. Report By Any Person. Any person shall have the right to report to the City Engineer or an office 15 designated by the City Engineer, any spill, release, illicit connection or other instance of anyone 16 (as may be identified by name, title, employing company, legal identify, commonplace name, or 17 other description) discharging pollutants into the MS4 or waters of the United States, and any 18 other violation of this Ordinance of which the person becomes aware. 19 20 B. Action Upon Report. The City Engineer or a designated City office shall receive all such reports 21 by telephone,electronic mail transmission, in writing or in person. A written or electronic record 22 of each such report will be maintained and kept on file for a period of at least five(5)years by the 23 City, and a copy of the City's record of the report will be furnished to the reporting person upon 24 request at no charge. Also upon request, the City Engineer will inform the person making such 25 report of any action undertaken by the City in response to such report. 26 27 VIII. ADMINISTRATIVE ENFORCEMENT REMEDIES 28 29 A. Warning Notice 30 31 1. When the City Engineer finds that any person has violated, or continues to violate, any 32 provision of this Ordinance, or any order issued hereunder, the City Engineer may serve upon 33 that person a written Warning Notice specifying the particular violation determined to have 34 occurred and requesting the violator to immediately investigate the violation and initiate 35 preventive or corrective actions to stop the conditions causing, contributing to or resulting in 36 the violation. 37 38 2. Investigation or resolution of the matter in response to the Warning Notice in no way relieves 39 the alleged violator of liability for any violations occurring before or after receipt of the 40 Warning Notice. 41 42 3. Nothing in this subsection shall limit the authority of the City Engineer to take any action, 43 including emergency action or any other enforcement action, prior to issuing a Warning 44 Notice. 45 46 B. Notification of Violation(NOV) 47 48 1. When the City Engineer finds that any person has violated, or continues to violate, any 49 provision of this Ordinance,or any order issued hereunder,the City Engineer may serve upon 50 that person a written NOV. Within ten (10) calendar days of the receipt of this notice, an 51 explanation of the violation and a plan for the satisfactory correction and prevention of DA—MAC PROJECT&Beaumont\Watershed Ordinance\Beaumont Watershed Ord•10-15-01,doc 40 Draft of 10-15-01 1 reoccurrence thereof, including specific required actions, shall be submitted by the alleged 2 violator to the City Engineer. If the alleged violator denies that any violation occurred or 3 contends that no corrective action is necessary, an explanation of the basis of any such denial 4 or contention shall be submitted to the City Engineer within ten (10) calendar days of receipt 5 of the notice. 6 7 2. Submission of an explanation or plan in no way relieves the alleged violator of liability for 8 any violations of this Ordinance or any state or federal regulation occurring before or after 9 receipt of the NOV. 10 11 3. Nothing in this section shall limit the authority of the City Engineer to take any action, 12 including emergency action or any other enforcement action,without first issuing a NOV. 13 14 C. Consent Orders 15 16 1. The City Engineer may enter into Consent Orders, assurances of voluntary compliance, or 17 other written agreements with any person responsible for noncompliance with any provision 18 in this Ordinance or any order issued hereunder. Such agreements may include specific 19 action to be taken by the person to correct the noncompliance within a time period specified 20 by the agreement. Such agreements shall have the same force and effect as administrative 21 orders issued pursuant to this Ordinance and shall be judicially enforceable. 22 23 D. Show Cause Hearing 24 25 1. The City Engineer may order any person who has violated, or continues to violate, any 26 provision of this Ordinance, or any order issued hereunder, to appear before the City 27 Engineer and show cause why a proposed enforcement action should not be taken. Notice 28 shall be served on the alleged violator specifying the time and place for the hearing, the 29 proposed enforcement action, the reasons for such action and a request that the alleged 30 violator show cause why the proposed enforcement action should not be taken. The notice of 31 the hearing shall be served personally or by registered or certified mail (return receipt 32 requested) at least ten (10) calendar days prior to the hearing. Such notice may be served on 33 any representative of the alleged violator. The hearing shall be conducted pursuant to the 34 rights and procedures specified in this Ordinance. 35 36 2. A show cause hearing shall not be a bar against, nor prerequisite for, taking any other action 37 against the alleged violator. 38 39 E. Compliance Order 40 41 1. When the City Engineer finds that any person has violated, or continues to violate, any 42 provision of this Ordinance, or any order issued hereunder, the City Engineer may issue a 43 Compliance Order to the violator directing that the violator come into compliance with this 44 Ordinance within a specified time limit. Compliance Orders also may contain other 45 requirements to address the noncompliance, including self-monitoring and implementation of 46 best management practices designed to minimize the amount of pollutants discharged to the 47 MS4 and waters of the United States. 48 49 2. A Compliance Order may not extend the deadline for compliance established by a state or 50 federal standard or requirement. 51 D:1 MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-1415-01.doc 41 Draft of 10-15-01 1 3. A Compliance Order does not relieve a person of liability for any violation, including any 2 continuing violation. 3 4 4. Issuance of a Compliance Order shall not be a bar against, or a prerequisite for, taking any 5 other action against the violator. 6 7 F. Remediation,Abatement And Restoration Orders 8 9 1. When the City Engineer finds that a person has violated, or continues to violate, any 10 provision of this Ordinance, or any order issued hereunder, and the City Engineer has 11 reasonable evidence to suspect that such violation has adversely affected the MS4 or the 12 waters of the United States or has caused a significant discharge of pollutants to the MS4 or 13 waters of the United States, the City Engineer may issue a Remediation, Abatement and 14 Restoration Order to the violator directing said violator to undertake and implement any 15 appropriate action the City Engineer may designate to remediate or abate any adverse effects 16 of the violation upon the MS4, and to restore any part of the MS4 within the City that has 17 been harmed, provided such ordered actions are limited to actions lying within City 18 boundaries. Such remediation, abatement and restoration actions may include, provided they 19 lie within City boundaries,but shall not be limited to: 20 21 a. Monitoring, assessment and evaluation of the adverse effects and determination of the 22 appropriate remedial, abatement or restoration actions; 23 24 b. Confinement, removal, cleanup, treatment and disposal of any discharged or released 25 pollution or contamination; 26 27 c. Prevention, minimization or mitigation of any damage to the public health or the 28 environment that may result from the violation; and 29 30 d. Restoration or replacement of City property or natural resources damaged by the 31 violation. 32 33 2. The Remediation, Abatement, and Restoration Order may direct that the remediation, 34 abatement or restoration be accomplished on a specified compliance schedule and be 35 completed within a specified period of time. 36 37 3. The cost for preparation, implementation, construction and maintenance of any remediation, 38 abatement or restoration as may he nt-dered by the C`.itv F.n¢ineer-hall be borne by the person 39 to whom the City Engineer has issued such order. 40 41 4. An order issued under this subsection does not relieve the violator of liability for any 42 violation, including any continuing violation. 43 44 5. Issuance of an order under this subsection shall not be a bar against or a prerequisite for 45 taking any other action against any responsible party. 46 47 G. Emergency Cease And Desist Orders 48 49 1. When the City Engineer finds that any person has violated, or continues to violate, any 50 provision of this Ordinance, or any order issued hereunder, or that the person's past violations 51 are likely to recur, and that the violation(s) has caused or contributed to an actual or D:\ MAC PROJECTMeaumontMatershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 42 Draft of 10-15-01 1 threatened discharge to the MS4 or waters of the United States which reasonably appears to 2 present an imminent or substantial endangerment to the health or welfare of persons or to the 3 environment, the City Engineer may issue an Emergency Cease and Desist Order to the 4 violator directing said violator to immediately cease and desist all such violations and 5 directing the violator to: 6 7 a. Immediately comply with all Ordinance requirements; 8 9 b. Terminate any discharges which City Engineer determines to present an imminent or 10 substantial endangerment to persons or to the environment; and 11 12 c. Take such appropriate preventive action as may be needed to properly address a 13 continuing or threatened violation, including immediately halting operations, terminating 14 the discharge or both. 15 16 2. Any person to which an Emergency Cease and Desist Order has been directed, shall, upon 17 receipt of such Order, immediately take action to stop or eliminate its endangering discharge. 18 In the event of said person's failure to immediately comply voluntarily with said order, the 19 City Engineer may take such action(s) as deemed necessary to prevent or minimize harm to 20 the MS4 or waters of the United States or endangerment to persons or to the environment. 21 Such actions may include, but are not limited to, immediate termination of water supply, 22 sewer connection or other City municipal utility service provided to said person; any facility 23 owned, leased or operated all or in part by said person; or any site for which said person is all 24 or in part an owner or leasee. 25 26 3. The City Engineer shall allow the person to whom an Emergency Cease and Desist Order has 27 been issued to recommence discharges when the City Engineer determines that the period of 28 endangerment has passed, unless further termination proceedings are initiated against the 29 person to whom the order was issued. 30 31 4. A person that is responsible, in whole or in part, for any discharge presenting imminent 32 endangerment shall submit a written statement, in a form as may be acceptable to the City 33 Engineer, describing the causes of the harmful discharge and the measures taken or to be 34 taken within a timely fashion to prevent any future occurrence, to the City Engineer within 35 fourteen(14)calendar days of receipt of the emergency order. 36 37 5. Issuance of an Emergency Cease and Desist Order shall not be a bar against or a prerequisite 38 for taking any other action against the violator. 39 40 IX. RIGHT TO RECONSIDERATION, HEARING AND APPEAL 41 42 A. Reconsideration Of And Hearing Of Petitions 43 44 1. Any person subject to a Stop Work Order (SWO); a Compliance Order; a Remediation, 45 Abatement and Restoration Order; or an Emergency Cease and Desist Order may petition in 46 writing the City Engineer to reconsider the basis for the order. within fourteen (14) calendar 47 days of the affected person's notice of issuance of such an order. 48 D:\ MAC PROJECTS\Beaumonl\Watershed Ordinance\Beaumont Watershed Ord-10-15-01.doc 43 Draft of 10-15-01 1 2. Failure to submit a written Petition for Reconsideration within fourteen(14) calendar days of 2 the affected person's notice of issuance of such an order shall be deemed to be a waiver of 3 any further right to administrative reconsideration or review of the order. 4 5 3. In its Petition for Reconsideration, the petitioning party must indicate the provisions of the 6 order objected to, the reasons for the objection(s), any facts that are contested, the evidence 7 that supports the petitioner's view of the facts, any alternative terms of an order that the 8 petitioner would accept, and whether the petitioning party requests a hearing on its petition. 9 10 4. The effect of any Compliance Order; any Remediation, Abatement and Restoration Order; 11 and any SWO shall be stayed pending the City Engineer's reconsideration of the Petition for 12 Reconsideration,and any hearing thereon, unless the City Engineer expressly makes a written 13 determination to the contrary. The effectiveness of any Emergency Cease and Desist Order 14 shall not be stayed pending the City Engineer's reconsideration, or any hearing thereon, 15 unless the City Engineer expressly and in writing stays the Emergency Cease and Desist 16 Order. 17 18 5. Within fourteen(14)calendar days of the submittal of a Petition for Reconsideration,the City 19 Engineer shall either: (1) grant the petition and withdraw or modify the order accordingly; (2) 20 deny the petition, without hearing if no material issue of fact is raised; or(3) if a hearing has 21 been requested and a material issue of fact has been raised, schedule a Show Cause Hearing 22 on the petition. 23 24 6. Written notice of any hearing set by the City Engineer as a result of a Petition for 25 Reconsideration shall be served on the petitioning party personally or by registered or 26 certified mail (return receipt requested) at least ten (10) calendar days prior to the hearing. 27 Such notice may be served on any authorized representative of the petitioning party. 28 29 7. The City Engineer may conduct the hearing and take evidence, or may designate any 30 employee of the City or any specially-designated attorney or engineer to: 31 32 a. Issue in the name of the City notices of hearing requesting the attendance and testimony 33 of witnesses and the production of evidence relevant to any matter involved in the 34 hearing; 35 36 b. Take and gather evidence; and 37 38 c. Transmit a report of the evidence and hearing, including transcripts and other evidence, 39 together with recommendations to the City Engineer for action thereon. 40 41 8. At any hearing held pursuant to a Petition for Reconsideration,testimony taken shall be under 42 oath and recorded. Any party is entitled to legal representation and may present his or her 43 case or defense by oral or documentary evidence and may conduct such cross-examination as 44 may be required for a full and true disclosure of the facts. A transcript will be made available 45 to any party to the hearing upon payment of the usual charges thereof. 46 47 9. After the City Engineer has reviewed the evidence, the City Engineer shall either: (1) grant 48 the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The 49 City Engineer may modify the order giving rise to the Petition for Reconsideration as may be 50 appropriate based upon the evidence and arguments presented at the hearing and the City DA—MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-1 a15-01.doc 44 Draft of 10-15-01 1 Engineer's action on the petition. Further orders and directives as are necessary and 2 appropriate may be issued. 3 4 B. Appeal 5 6 1. If a discharger or operator is penalized as a result of SOW; a Compliance Order; a 7 Remediation, Abatement and Restoration Order; or an Emergency Cease and Desist Order, 8 such discharger or operator may file a written appeal to the Director of Public Works. The 9 appeal must include evidence proving that the discharger or operator did not violate this 10 Ordinance. The appeal must be filed within five (5) working days of the discharger or 11 operator receiving the penalty. 12 13 2. Failure to submit an appeal within five (5) working days of the discharger or operator 14 receiving the penalty shall be deemed to be a waiver of further administrative review. 15 16 X. JUDICIAL ENFORCEMENT REMEDIES 17 18 A. Civil Remedies 19 20 1. The City may invoke Sections of Texas Local Government Code as identified below in this 21 Section whenever it appears that a person has violated or continues to violate any provision of 22 this Ordinance that relates to: 23 24 a. The preservation of public safety,as it may be affected by the materials and/or methods 25 used in construction of any structure or improvement of real property; 26 27 b. The preservation of public health or the fire safety of a building or other structure or 28 improvement; 29 30 c. The establishment of criteria for land subdivision or construction of buildings, including 31 street design; 32 33 d. Dangerously damaged or deteriorated structures or improvements; 34 35 e. Conditions caused by accumulations of refuse, vegetation or other matter that creates 36 breeding and living places for insects and rodents; or 37 38 f. Prohibition of discharges of pollutants into the MS4. 39 40 2. The City may invoke Sections 54.011 - 54.017 of the Texas Local Government Code and 41 petition the State district court or the county court at law of Jefferson County, through the 42 City Attorney, for either the injunctive relief or the civil penalties specified in this Ordinance, 43 or both the specified injunctive relief and civil penalties 44 45 3. Pursuant to Section 54.016 of the Texas Local Government Code,the City may obtain against 46 the owner or leasee of a facility a temporary or permanent injunction,as appropriate,that: 47 48 a. Prohibits any conduct that violates any provision of this Ordinance that relates to any 49 matter specified in subparagraphs A.L(a)-(f)above; or 50 DA—MAC PROJECTS\Beaumont\Watershed Ordinance\Beaumont Watershed Ord-10.15 01.doc 45 Draft of 10-15-01 1 b. Compels the specific performance of any action that is necessary for compliance with 2 any provision of this Ordinance that relates to any matter specified in subparagraphs 3 A.L(a)-(f)above. 4 5 4. Pursuant to Section 54.017 of the Texas Local Government Code, the City may recover a 6 civil penalty of not more than $1,000 per day for each violation of any provision of this 7 Ordinance that relates to any matter specified in subparagraph A.L(a)-(e) above, and a civil 8 penalty of not more than $5,000 per day for each violation of any provision of this Ordinance 9 that relates to any matter specified in subparagraph A.L(f)above, if the City proves that: 10 11 a. The defendant was actually notified of the provisions of the Ordinance; and 12 13 b. After the defendant received notice of the Ordinance provisions, the defendant 14 committed acts in violation of the Ordinance or failed to take action necessary for 15 compliance with the Ordinance. 16 17 B. Criminal Penalties 18 19 A. Any person who has violated any provision of this Ordinance, or any order issued 20 hereunder, shall be strictly liable for such violation and shall, upon conviction, be subject to 21 a fine of not more than$2,000 per violation,per day. 22 23 B. Any person who has knowingly made any false statement, representation or certification in 24 any application, record, report, plan or other documentation filed or required to be 25 maintained pursuant to this Ordinance, or any order issued hereunder, or who has falsified, 26 tampered with or knowingly rendered inaccurate any monitoring device or method required 27 under this Ordinance shall, upon conviction,be subject to a fine of not more than $2,000 per 28 violation, per day. 29 30 C. In determining the amount of any fine imposed hereunder, the court shall take into account all 31 relevant circumstances, including, but not limited to, the extent of harm caused by the violation, 32 the magnitude and duration of the violation, any economic benefit gained through the violation, 33 corrective actions by the violator, the compliance history of the violator, the knowledge, intent, 34 negligence or other state of mind of the violator, and any other factor as justice requires. 35 36 XI. CIVIL SUIT UNDER THE TEXAS WATER CODE 37 38 A. Action For violation of Texas Water Code. Whenever it appears that a violation or threat of 39 violation of any provision of Section 26.121 of the Texas Water Code or any rule, permit or order 40 of the TNRCC has occurred or is occurring within the jurisdiction of the City of Beaumont, 41 exclusive of its extraterritorial jurisdiction, the City, in the same manner as the TNRCC, may 42 have a suit instituted in a state district court through its City Attorney for the injunctive relief or 43 civil penalties or both as authorized in Subsection(a)of Section 26.123 of the Texas Water Code, 44 against the person who committed or is committing or threatening to commit the violation. This 45 power is exercised pursuant to Section 26.124 of the Texas Water Code. In any suit brought by 46 the City under this Ordinance,the TNRCC is a necessary and indispensable party. 47 48 XII. REMEDIES NONEXCLUSIVE 49 50 A. Nonexclusive Remedies. The remedies provided for in this Ordinance are not exclusive of any 51 other remedies that the City may have under state or federal law or other City ordinances. The D:1_MAC PROJECTStBeaumont\Watershed Ordinance\Beaumont Watershed Ord-10.15-01.doc 46 Draft of 10-15-01 1 City may take any, all, or any combination of these actions against a violator. The City is 2 empowered to take more than one enforcement action against any violator. These actions may be 3 taken concurrently. 4 5 XIII.SUPPLEMENTAL ENFORCEMENT ACTION 6 7 A. Performance Bonds 8 9 1. The City Engineer may, by written notice, order any owner or leasee of a source of storm 10 water discharge associated with grading, construction or industrial activity to file a I 1 satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City 12 Engineer to be necessary to achieve consistent compliance with this Ordinance, any order 13 issued hereunder, or any grading plan or provision contained therein required by this 14 Ordinance or to achieve final stabilization or closure of a grading or construction site. The 15 City may deny approval of any building permit, grading permit, subdivision plat, site 16 development plan or any other City permit or approval necessary to commence or continue 17 grading, construction, or any industrial activity at a site, or to assume occupancy, until such a 18 performance bond has been filed. 19 20 B. Liability Insurance 21 22 1. The City Engineer may, by written notice, order any owner or leasee of a source of storm 23 water discharge associated with grading, construction or industrial activity to submit proof 24 that it has obtained liability insurance, or other financial assurance, in an amount not to 25 exceed a value determined by the City Engineer, that is sufficient to remediate, restore and 26 abate any damage to the MS4, any waters of the United States receiving discharges from the 27 MS4, or any other aspect of the environment that is caused by the discharge. 28 29 C. Public Nuisances 30 31 1. A violation of any provision of this Ordinance, or any order issued hereunder, is hereby 32 declared a public nuisance and shall be corrected or abated as directed by the City Engineer. 33 Any person creating a public nuisance shall be subject to the provisions of the City Code 34 governing such nuisances, including reimbursing the City for any costs incurred in removing, 35 abating or remedying said nuisance. 36 37 XIV.FEES 38 39 A. i he City may adopt reasonable fees for reimbursement of costs of implementing this Ordinance, 40 which costs may include,but not be limited to,the following: 41 42 1. Fees for monitoring, inspection and surveillance procedures, including the cost of collecting 43 and analyzing discharges and reviewing monitoring reports submitted by dischargers; 44 45 2. Fees for issuance of permits; 46 47 3. Fees for review of notices and plans for grading,construction,termination of grading 48 termination of construction,and storm water pollution control, irrespective of any acceptance 49 or rejection of such notices or plans by the City Engineer; 50 Da MAC PROJECTS1BeaumontlWatershed Ordinance\Beaumont Watershed Ord-10-15-01 doc 47 Draft of 10-15-01 1 4. Fees for conduct of site inspections by the City Engineer when requested by an operator or a 2 site or facility, irrespective of whether such inspection is required by this Ordinance; 3 4 5. Fees for site inspection by the City Engineer pursuant to determination of compliance to 5 conditions of a conditional notice of termination of grading; 6 7 6. Fees for responding to spills and releases of oil,hazardous and extremely hazardous 8 substances,and other pollutants; and 9 10 7. Other fees as the City may deem necessary to carry out the requirements contained in this 11 Ordinance. 12 13 B. Fees for matters covered by this Ordinance shall be as prescribed in Addendum A to this 14 Ordiance. 15 16 C. The fees described above relate solely to the matters covered by this Ordinance and are separate 17 from all other fees,fines and penalties chargeable by the City. 18 19 XV. MISCELLANEOUS PROVISIONS 20 21 A. Specification Of Times And Days 22 23 1. When a number of days is specified in this Ordinance for completion of an action or activity 24 by the City Engineer or a person, the number of such days shall be taken to mean calendar 25 days unless explicitly identified as working days. 26 27 2. Completion of a required activity within a specified number of days shall be presumed to 28 mean at the close of business for the specified limiting day for activities specified in terms of 29 working days and to mean at 12:00 midnight for the specified limiting day for activities 30 specified in terms of calendar days. 31 32 3. Nothing in this Ordinance as it may pertain to completion of actions or activities by a person 33 within a specified number or calendar or working days shall require that the City remain open 34 for business on days which are not regular working days for the City or that the City shall 35 remain open for business beyond regular business hours. 36 37 B. Severability. If any provision of this Ordinance is invalidated by any court of competent 38 jurisdiction, the remaining provisions shall not be affected and shall remain in full force and 39 effect. 40 41 C. Supercedence. This Ordinance supercedes and controls other ordinances and sections of other 42 ordinances in effect at time of adoption of this Ordinance. 43 44 D. Effective Date 45 46 1. This Ordinance shall be in full force and effect immediately following its passage, approval 47 and publication, as provided by law. 48 49 DA—MAC PROJECTS\BeaumonhWatershed OrdinancelBeaumont Watershed Ord-10-15-01.doc 48 * CONVENE MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION 1. Council consider a resolution authorizing the donation of funds from the Defeasance of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 ORGAIN , BELL & TUCKER , L. L. P. ATTORNEYS AT LAW 470 ORLEANS STREET LANCE FOX OTHER OFFICES P. O. BOX 1751 PARTNER HOUSTON EXTENSION 1375 BEAUMONT, TEXAS 77704- 1 75 1 AUSTIN EMAIL LCF @OBT.COM TELEPHONE (409) 838-64 1 2 SILSBEE FAX (409) 838-6959 www.obt.com November 21, 2001 VIA HAND DELIVERY Kyle Hayes Beaumont City Hall 801 Main Street Beaumont, Texas 77701 RE: Donation of Proceeds fromm the Defeasance of the Beaumont Housing Finance Corporation Single Family Mortgage Revenue Refunding Bonds, Series 1991 (the "Bonds") Dear Kyle, Enclosed is the revised Resolution to authorize the donation of the above referenced proceeds. Also enclosed is a NOTICE OF MEETING of the Board of Directors of the Beaumont Housing Finance Corporation, which Notice must be posted for the passage of the enclosed Resolution. Pursuant to the discussion at our last meeting, I have stated in the enclosed NOTICE that the meeting is scheduled for Tuesday, November 27, following the City Council meeting. Please let me know if this is not a good date and time for the meeting. Please call me if you have any questions about this matter. Yours truly, Orgain ell &Tucker, L.L.P. Lance Fox " ORGAIN , BELL & TUCKER, L. L. P. ATTORNEYS AT LAW 470 ORLEANS STREET LANCE FOX OTHER OFFICES P. O. 00X 1751 PARTNER HOUSTON EXTENSION 1376 BEAUMONT, TEXAS 77704- 1 75 1 AUSTIN EMAIL LCF @OBT.COM TELEPHONE (409) 8313-64 1 2 SILSBEE FAX (409) 838-6959 www.obt.com November 21, 2001 VIA HAND DELIVERY Kyle Hayes Beaumont City Hall 801 Main Street Beaumont, Texas 77701 RE: Proposed Refunding/Refinancing of the Beaumont Multi-Family Housing Revenue Refunding Bonds (Regency Place Apartments Project), Series 1991 (the"Bonds") Dear Kyle: Here is the Notice that needs to be posted for the meeting of the Beaumont Multi-Family Housing Finance Corporation to take place on November 27, 2001. Please call me if you have any questions. Yours truly, Orgain, Bell & Tuc er, L.L.P. Lance Fox cc: Lane Nicols City Attorney Beaumont City Hall 801 Main Street Beaumont, TX 77701 RESOLUTION AUTHORIZING DONATION OF FUNDS THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § WHEREAS, the Beaumont Housing Finance Corporation (the "Issuer" ) has heretofore defeased its Single Family Mortgage Revenue Refunding Bonds, Series 1991, (the "Bonds" ) , said Bonds having been issued pursuant to the Texas Housing Finance Corporation Act, Chapter 394, Texas Local Government Code, as amended (the "Act" ) , and pursuant to a Trust Indenture by and among the Issuer and The Chase Manhattan Bank, successor to Ameritrust Texas, N.A. (the "Trustee" ) , dated as of September 1, 1991 (the "Trust Indenture" ) ; WHEREAS, in connection with the defeasance of the Bonds, the Issuer received net proceeds in the amount of $218, 393 . 66 (herein referred to as the "Proceeds) ; and WHEREAS, Section 394 . 033 (d) of the Texas Local Government Code authorizes the Corporation to make donations for the public welfare or for charitable, scientific or educational purposes; and WHEREAS, the Issuer desires to use and donate the Proceeds realized for the purposes set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BEAUMONT HOUSING FINANCE CORPORATION: 1 . Consideration. It is hereby found and determined that the transactions contemplated by this Resolution will benefit the Issuer and will be in the best interest of the public welfare and in accordance with the purposes and intent of Section 394 . 033 of the Act . 2 . Donation of Proceeds . Pursuant to Section 394 . 033 of the Act, the Board of Directors of the Issuer hereby authorizes and directs the Issuer to donate the Proceeds for charitable, scientific or educational purposes, and specifically, the Issuer is authorized to donate the Proceeds to the charitable organizations listed in EXHIBIT "A" attached hereto and incorporated herein by reference. 3 . Further Action. The President and any other officer of the Issuer is hereby authorized and directed to take all action as may be necessary or appropriate to effectuate this Resolution and the donation of the Proceeds to the charitable organizations in accordance with the terms of this Resolution. 4 . Investment of Proceeds . Until such time as the Proceeds have been donated to the charitable organizations as authorized above, the Board of Directors hereby authorizes and ratifies the investment of the Proceeds into the City of Beaumont general operating account, which Proceeds shall be held and shown on the books and records of the City on behalf of the Issuer. 5 . Open Meeting. It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code Annotated, Vernon' s 1994, as amended. 6 . Severability. If any Section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. 7 . Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency. PASSED AND APPROVED this of , 2001 . David W. Moore, President BEAUMONT HOUSING FINANCE CORPORATION ATTEST: Lulu Smith, Secretary BEAUMONT HOUSING FINANCE CORPORATION -2- EXHIBIT "A" The Proceeds will be donated to the following charitable organizations and/or used for the following scientific, educational or charitable purposes : Art Museum of Southeast Texas Southeast Texas Arts Council Beaumont Library Literacy Program Tyrrell Historical Library The Proceeds shall be allocated among the above described entities and programs in such amounts as determined by any official or employee of the City of Beaumont, Texas, and the City Manager' s Office of the City is hereby authorized to designate and appoint any employee of the City to determine how to allocate the proceeds among the above described entities and programs . -3- NOTICE OF MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION Notice is hereby given to all interested members of the public that the Board of Directors of the BEAUMONT HOUSING FINANCE CORPORATION, will hold a meeting as follows: DATE: November 27, 2001 TIME: 2:00 p.m. Place: Beaumont City Hall City Council Chambers, 15t Floor 801 Main Street Beaumont, Texas Subject: The agenda for such meeting shall include the consideration of and, if deemed advisable by the Board of Directors, the taking of action upon a written RESOLUTION AUTHORIZING DONATION OF FUNDS Open to Public: The meeting will be open to the public at all times during which such subject is discussed, considered and formally acted upon as required by the Open Meetings Law (compiled as Chapter 551 of the Texas Government Code Annotated, Vernon's 1994, as amended). This Notice of Meeting is intended to be a supplemental notice for the purpose of adding an additional subject to the agenda for such meeting which has been called, and for which notice thereof has been separately posted in accordance with the Open Meetings Law. If, however, notice has not been previously posted in accordance with the Open Meetings Law, this notice shall constitute, in and of itself, a complete notice of such meeting for the purpose of discussing, considering, and acting upon the subject matter stated above. BEAUMONT HOUSING FINANCE CORPORATION By: Name: Title: NOTICE OF MEETING OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION Notice is hereby given to all interested members of the public that the Board of Directors of the BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION, will hold a meeting as follows: DATE: November 27,2001 TIME: 2:15 p.m. Place: Beaumont City Hall City Council Chambers, 1"Floor 801 Main Street Beaumont,Texas Subject: The agenda for such meeting shall include the consideration of and, if deemed advisable by the Board of Directors, the taking of action upon a written RESOLUTION AUTHORIZING BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (REGENCY PLACE APARTMENTS PROJECT) SERIES 2001 AND BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (REGENCY PLACE APARTMENTS PROJECT) TAXABLE SERIES 2001; AND OTHER MATTERS IN CONNECTION THEREWITH Open to Public: The meeting will be open to the public at all times during which such subject is discussed, considered and formally acted upon as required by the Open Meetings Law (compiled as Chapter 551 of the Texas Government Code Annotated, Vernon's 1994, as amended). This Notice of Meeting is intended to be a supplemental notice for the purpose of adding an additional subject to the agenda for such meeting which has been called, and for which notice thereof has been separately posted in accordance with the Open Meetings Law. If, however,notice has not been previously posted in accordance with the Open Meetings Law, this notice shall constitute, in and of itself, a complete notice of such meeting for the purpose of discussing, considering, and acting upon the subject matter stated above. BEAUMONT MULTI-FANHLY HOUSING FINANCE CORPORATION By: Name: Title: * CONVENE MEETING OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION 1. Council consider a resolution authorizing Beaumont Multi- Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds (Regency Place Apartments Project) Series 2001 and Beaumont Multi-Family Housing Finance Corporation Multifamily Housing Revenue Refunding Bonds (Regency Place Apartments Project) Taxable Series 2001; and other matters in connection therewith -4i City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 27, 2001 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Amend Resolution No. 01-270 to authorize the City Manager to submit an application to the Texas Criminal Justice Division for grant funds for the Family Violence Task Force B) Approve the purchase of two small rubber track excavators for the Public Works Department C) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights, Phase IV D) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates, Phase II, Section X-B E) Approve a resolution providing adjustment to compensation and retirement benefit contributions for the City Attorney for FY 2002 CONSENT AGENDA NOVEMBER 27, 2001 A) Amend Resolution No. 01-270 to authorize the City Manager to submit an application to the Texas Criminal Justice Division for grant funds for the Family Violence Task Force The amount of grant funding and cash match required has been revised since enactment of the previous resolution. The Criminal Justice Division is also requiring that the Financial Officer and Authorized Person for the project not be the same people, therefore the City Manager has designated Paula Labrie, City Controller, for the project. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. B) Approve the purchase of two small rubber track excavators for the Public Works Department The Administration recommends approval of purchasing the excavators from CLM Equipment Co., of Nederland in the amount of$73,330. The small excavators, used in the repair and maintenance of sewer lines, are narrow in design for use in limited space conditions, such as alleys in residential areas. The new excavators will replace two existing units that will be disposed of according to the City's surplus property policies. Funds for this expenditure are available in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. C) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights, Phase IV The improvements in the subdivision passed final inspection from all entities involved on November 20, 2001. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. D) Accept maintenance of the street, storm sewer,water and sanitary sewer improvements in Willow Creek Country Club Estates, Phase II, Section X-B The improvements in the subdivision passed final inspection from all entities involved on November 16, 2001. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. E) Approve a resolution providing adjustment to compensation and retirement benefit contributions for the City Attorney for FY 2002 Based on the annual performance review of the City Attorney, Council has agreed to provide a salary adjustment of 3% and continue contribution for retirement as in FY 2001. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 19, 2001 REQUESTED ACTION: To Amend Resolution No. 01-270 to read as follows: "That the City Manager be and he is hereby authorized to submit an application to the Texas Criminal Justice Division for grant funding in the total amount of$ 31,783.75 for the Family Violence Task Force, to commit the City to provide the required applicable cash match of $ 8,922.50 and an In-kind match of$1671.25, which is 25% of the project cost, to assure that in the event of loss or misuse of the Texas Criminal Justice Division (CJD) funds, the City will return all funds to CJD and to designate Paula Labrie, Controller, as the Financial Officer for the above project." RECOMMENDATION To Amend Resolution No. 01-270 to authorize the City Manager to submit an application to Texas Criminal Justice Division grant for the Family Violence Task Force as presented. BACKGROUND The amount of the grant funding and cash match required has been revised since enactment of the previous resolution. CJD also requires that the Financial Officer and Authorized Person for the project not be the same person, therefore the City Manager has designated Paula Labrie, the City Controller for this project. BUDGETARYIMPACT A commitment to provide matching funds of$ 8,922.50 and an In-kind match of$1671.25 which is 25% of the project cost, is necessary for continued funding. I PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Resolution; To Amend Resolution No. 01-270 to read as follows: "That the City Manager be and he is hereby authorized to submit an application to the Texas Criminal Justice Division for grant funding in the total amount of$ 31,783.75 for the Family Violence Task Force, to commit the City to provide the required applicable cash match of $ 8,922.50 and an In-kind match of$1671.25, which is 25% of the project cost, to assure that in the event of loss or misuse of the Texas Criminal Justice Division (CJD) funds, the City will return all funds to CJD and to designate Paula Labrie, Controller, as the Financial Officer for the above project." z Nov 19 01 11 : 04a Beaumont Police Rdmin (409) 880-3844 P. 4 NOV-19-2001 MON 09:49 AM CITY CLERKS OFFICE 4098803740 P. 02 RESOLUTION NO.01-270 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit an application to the Texas Criminal Justice Division for grant funding in the total amount of$41,836 for the Family Violenoe Task Force,to commit the City to provide the required applicable cash match, $10,347,25%of the project cost,and to assure that in the event of lose or misuse of Texas Criminal Justice Division(CJD) funds.the City will return all funds to CJD. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of November,2001. (110 -Mayor- Nov 19 01 11 : 03a Beaumont Police Rdmin (409) 880-3844 P. 1 Beaumont Police Department * Administrative Division for Fax Cover Sheet Tom Scofield, Chief of Police Office: (409) 880-3801 P.O. Box 3827 Beaumont, Texas 77704 Fax: (409) 880-3844 Date: November 19, 2001 From: Jeffrey Skinner To: Angie Thomas Re: City Council Agenda Item Pages-. 4 If you have trouble receiving this fax please call (409)880-3801 B City of Beaumont A OL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 19, 2001 REQUESTED ACTION: Council approval to award a bid for the purchase of two(2) small rubber track excavators. RECOMMENDATION Administration recommends the award of a bid to CLM Equipment Co., Inc. in the amount of $73,330 for the purchase of two(2)small rubber track excavators for the Public Works Department. BACKGROUND Seven (7) bids were received on Monday, October 29, 2001, for furnishing two (2) rubber track excavators rated at 7,000 lbs. for the Public Works Department, Water Utilities Division. The small excavators,used in the repair and maintenance of sewer lines,are narrow in design for use in limited space conditions, such as alleys in residential areas. The bids received are as follow: Vendor Model Bid Price per Unit Romco Equipment Volvo EC35 $26,227 Houston, TX Equipment Headquarters IHI 35J $32,600 Beaumont, TX Bobcat of Houston Bobcat 331 E $32,684 Houston, TX Purchase of Two (2) Excavators November 19, 2001 Page 2 Vendor Model Bid Price per Unit RSC IHI JLA $33.114 Beaumont, TX Texas Timbedack, Inc. New Holland EC35 $33,600 Lukin, TX Waukesha-Pearce Komatsu PC35R-8E $36.120 Industries, Inc. Pt. Arthur, TX CLM Equipment Takeuchi TB 135 $36,665 Nederland, TX The company submitting the lowest bid meeting all specifications is CLM Equipment ofNederland, Texas. The Water Utilities Division currently has eight(8)Takeuchi units in service. Because the City has eight(8)units,parU compatibility and parts inventory should be considered when purchasing new units. In addition,the bucket's digging force stated for the Komatsu,New Holland and Volvo units were 62-80% less than specified. The Bobcat unit was bid with an extendible dipperstick to meet the specified digging reach. In the City's work environment, extendible dippersticks break easily when used to tamp or pack dirt. The IHI units bid by Equipment Headquarters and RSC did not meet the digging force nor did they meet the engine's cubic inch displacement (CID) requirements. The units will be delivered within one(1)week after receipt of order. CLM Equipment in Nederland will perform all warranty work for the one (1) year warranty period. The new excavators will replace unit 5022, a 1977 Massey-Ferguson tractor,and unit 5113,a 1993 Takeuchi mini excavator. The replaced units will be disposed of according to the City's surplus property policies. BUDGETARYIMPACT Funds for this expenditure are available in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. Purchase of Two (2) Excavators November 19, 2001 Page 3 RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED ACTION Approve/Deny the award of a bid to CLM Equipment Company, Inc. for the purchase of two (2) Takeuchi TB 135 compact excavators in the amount of$73,330. c 1175 City of Beaumont vw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights, Phase IV. RECOMMENDATION Administration recommends approval of Heights Avenue from existing Heights Avenue approximately 507 feet south to 3-OM-4P end of roadway markers, Bankston Lane from proposed Heights Avenue approximately 659 feet east to and including the cul-de-sac, and Gracemount Lane from proposed Heights Avenue approximately 671 feet east to and including the cul-de-sac and also the Water and Sanitary Sewer Improvements for Lot 41 - 74, Block 3. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on November 20, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Barrington Heights, Phase IV. I J i 3 PARKDALE MALL � s SUPER RT J WALMA ' �s 0 \ � � ,YOU .\ LOWE'S ROAD W6 cr PoNO��A' � F L �U C> >C_=�L-=� ` CAL_ j ' # ' 5j 11 C--Q� 1 D-126 AELJ f: I �7C� DEL4 =STREET- ,. Q ' o 03fiRRMOTUM NUTSLo Ll M � a PHflSf IV BARRINGTON HEIGHTS, PHASE IV D QIE1Cit y of Beaumont Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 19, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates, Phase II, Section X-B. RECOMMENDATION Administration recommends approval of Champions Drive from existing Champions Drive approximately 725 feet north to 3-OM-4P end of roadway markers. Also, recommended for approval are the Water and Sanitary Sewer Improvements for Lots 6-12, Block 1, Lots 7-13, Block 2. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on November 16, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates, Phase H, Section X-B. wccCESXBsk.wpd November 19,2001 MW R DRNE (FM 364) �Il I gel D s *t s ONE CHAMPIONS DRW WM0 it CREEK COUNTRY CLUB ESTATES PRASE H, SECTION . LOCATION MAP NTS WILLOW CREEK COUNTRY CLUB ESTATES, PHASE II, SECTION X-B E Cit y of Beaumont ti ..7LJ1iJ Council Agenda Item 'Mz ° • K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: November 27, 2001 AGENDA MEMO DATE: November 21, 2001 REQUESTED ACTION: Consider approval of a resolution providing adjustment to compensation and retirement benefit contributions for the City Attorney for FY 2002. RECOMMENDATION Administration recommends approval of the attached resolution providing compensation and retirement contribution adjustments for the City Attorney for fiscal year 2002. BACKGROUND The City Attorney employment conditions provide for an annual evaluation and consideration of any compensation adjustment by Council. Based on the annual performance review of the City Attorney, Council has agreed to provide a salary adjustment of 3% and continue contribution for retirement as in FY 2001. BUDGETARY IMPACT Funds are available in the FY 2002 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY Human Resources Director. RECOMMENDED MOTION Approve/Deny a resolution providing adjustments to compensation and retirement contribution for the City Attorney for FY 2002. SAAGENDA\CA Compmpd RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective October 1, 2001, the base wages of the City Attorney, Lane Nichols, is hereby increased 3%. Additionally, contribution for retirement shall continue at the same level as FY 2001. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of November 2001. -Mayor- -14-