HomeMy WebLinkAboutOrdinances (Ordinance O-20-2151)-12/15/2020ORDINANCE 0-20-2151
AN ORDINANCE AMENDING CHAPTER 42 "ENVIRONMENT" OF THE
CITY OF COLLEYVILLE CODE OF ORDINANCES BY ADDING ARTICLE
III "STORMWATER MANAGEMENT" AND ARTICLE IV "POST
CONSTRUCTION STORMWATER MANAGEMENT" TO PREVENT
DAMAGE TO THE ENVIRONMENT THROUGH THE REGULATION OF AN
ACTIVITY WHICH DISTURBS OR BREAKS TOPSOIL; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville (the "City") is a home rule city acting
under its charter adopted by the electorate pursuant to the
Texas Constitution and Chapter 9 of the Local Government
Code; and
WHEREAS, the City deems it necessary to adopt an ordinance to maintain
and improve the quality of surface water and groundwater in
the City, and to prevent the discharge of pollutants and other
harmful or inappropriate substances into those waters; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ)
required small Municipal Separate Storm Sewer Systems
(MS4) to execute a Notice of Intent (NOI) for stormwater
discharges under the Texas Pollutant Discharge Elimination
System (TPDES) Phase II MS4 General Permit (TXR040000);
and
WHEREAS, a Stormwater Management Program (SWMP) for the City of
Colleyville was developed as required to accompany the NOI;
and
WHEREAS, the SWMP requires the preparation and adoption of post -
construction stormwater management regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 42 of the Code of Ordinances of the City of
Colleyville is hereby amended by adding a new Articles III and
IV, entitled "Stormwater Management" and "Post Construction
Stormwater Management', respectively, which shall read as
follows:
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ARTICLE III. STORMWATER MANAGEMENT
Secs. 42-32-42-39. - Reserved
DIVISION I - GENERALLY
Sec. 42-40. Title; Purpose.
This article shall be known as the "Stormwater management ordinance" of
the City of Colleyville, Texas. The purposes and objectives of this article are
as follows:
(a) To protect human life, health and property;
(b) To maintain and improve the quality of surface water and
groundwater within the City of Colleyville, the North Central Texas
Region, and the State of Texas;
(c) To detect, investigate and eliminate illicit discharges and illegal
dumping into the municipal separate storm sewer system (MS4) and
natural waters within the City of Colleyville;
(d) To require that construction site operators implement appropriate and
effective erosion and sediment control BMPs, and to require BMPs to
be designed, installed and maintained to minimize the discharge of
pollutants;
(e) To promote public awareness of the hazards involved in the improper
discharge of hazardous substances, petroleum products, household
hazardous waste, industrial waste, sediment from construction
sites, pesticides, herbicides, fertilizers, and other contaminants
into the storm sewers and natural waters of the City;
(f) To encourage recycling of used motor oil and safe disposal of other
hazardous consumer products;
(g) To facilitate compliance with state and federal water quality
standards, limitations, and permits by owners and operators of
industrial and construction sites within the City; and
(h) To enable the City to comply with all federal and state laws and
regulations applicable to Stormwater discharges.
Sec. 42-41. Administration.
Except for public works construction projects, as provided herein, the
Director of Public Works or his/her designee shall implement and enforce
the provisions of this article. For public works construction projects that
are administered, performed, contracted, or funded (in whole or in part)
by the City, the Director of the City department that is administering,
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performing, or contracting for the construction project shall implement
and enforce the provisions of this article. Any powers granted to or
duties imposed in this article upon the Director of Public Works or the
Director of another City department may be delegated by him/her to
other City personnel.
Sec. 42-42. Abbreviations.
The following abbreviations when used m this article shall have the
designated meanings:
BMP..........................
Best Management Practices
BODS........................
Five Day Biochemical Oxygen Demand
CFR ..........................
Code of Federal Regulations
COD ..........................
Chemical Oxygen Demand
EPA ..........................
U.S. Environmental Protection Agency
HHW.........................
Agency Household Hazardous Waste
Mg/I .........................
Milligrams per liter
MS4..........................
Municipal Separate Storm Sewer
NOI ..........................
Notice of Intent
NOT ..........................
Notice of Termination
Ph ............................
Measure of Acidity or Alkalinity
POTW ......................
Publicly Owned Treatment Works
PST ...........................
Petroleum Storage Tank
PE ............................
Licensed Professional Engineer
SWPPP ......................
Stormwater Pollution Prevention Plan
TCEQ ........................
Texas Commission on Environmental Quality
TPDES.......................
Texas Pollutant Discharge Elimination System
TSS ..........................
Total Suspended Solids
USC..........................
United States Code
Sec. 42-43. Definitions.
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this article, shall have the following meanings:
Agricultural Stormwater Runoff - Any Stormwater runoff from orchards,
cultivated crops, pastures, range lands, and other non -point source
agricultural activities, but not discharges from concentrated animal feeding
operations as defined in 40 CFR Section 122.23 or discharges from
concentrated aquatic animal production facilities as defined in 40 CFR
Section 122.24.
Benchmarks - A benchmark pollutant value is a guidance level indicator
that helps determine the effectiveness of chosen best management
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practices (BMPs). This type of monitoring differs from "compliance
monitoring" in that exceedances of the indicator or benchmark level are not
permit violations, but rather indicators that can help identify problems at
the MS4 with exposed or unidentified pollutant sources; or control measures
that are either not working correctly, whose effectiveness need to be re-
considered, or that need to be supplemented with additional BMP(s).
Best Management Practices (BMPs) - Schedules of activities,
prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United States.
BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
Catch basin - Storm drain inlets and curb inlets to the storm drain system.
Catch basins typically include a grate or curb inlet that may accumulate
sediment, debris, and other pollutants.
City - the City of Colleyville, Texas, or the City Council of Colleyville.
Classified Segment - A water body that is listed and described in Appendix
A or Appendix C of the Texas Surface Water Quality Standards, at 30 Texas
Administrative Code (TAC) § 307.10.
Commencement of Construction - The initial disturbance of soils
associated with clearing, grading, excavating, landfilling, and other
construction activities.
Commercial - Pertaining to any business, trade, industry, or other activity
engaged in for profit.
Common Plan of Development - A construction activity that is completed
in separate stages, separate phases, or in combination with other
construction activities. A common plan of development or sale is identified
by the documentation for the construction project that identifies the scope
of the project, and may include plats, blueprints, marketing plans,
contracts, building permits, a public notice or hearing, zoning requests, or
other similar documentation and activities.
Construction Activity - Soil disturbance, including clearing, grading,
excavating, and other construction related activities (e.g., stockpiling of fill
material and demolition); and not including routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity, or
original purpose of the site (e.g., the routine grading of existing dirt roads,
asphalt overlays of existing roads, the routine clearing of existing right-of-
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ways, and similar maintenance activities). Regulated construction activity is
defined in terms of small and large construction activity.
Small Construction Activity is construction activity that results in land
disturbance of equal to or greater than one (1) acre and less than five (5)
acres of land. Small construction activity also includes the disturbance of
less than one (1) acre of total land area that is part of a larger common plan
of development or sale if the larger common plan will ultimately disturb
equal to or greater than one (1) and less than five (5) acres of land.
Large Construction Activity is construction activity that results in land
disturbance of equal to or greater than five (5) acres of land. Large
construction activity also includes the disturbance of less than five (5) acres
of total land area that is part of a larger common plan of development or
sale if the larger common plan will ultimately disturb equal to or greater
than five (5) acres of land.
Construction Site Operator - The entity or entities associated with a
small or large construction project that meet(s) either of the following two
criteria:
(a) The entity or entities that have operational control over construction
plans and specifications (including approval of revisions) to the extent
necessary to meet the requirements and conditions of this general
permit; or
(b) The entity or entities that have day-to-day operational control of those
activities at a construction site that are necessary to ensure
compliance with a stormwater pollution prevention plan (SWP3) for
the site or other permit conditions (for example they are authorized
to direct workers at a site to carry out activities required by the SWP3
or comply with other permit conditions).
Control Measure - Any BMP or other method used to prevent or reduce
the discharge of pollutants to water in the state.
Conveyance - Curbs, gutters, man-made channels and ditches, drains,
pipes, and other constructed features designed or used for flood control or
to otherwise transport stormwater runoff.
Contaminated - Containing a harmful quantity of any substance.
Director - The Director of Public Works for the City of Colleyville, or his/her
duly authorized representative, except in the case of public works
construction projects that are administered, performed, contracted, or
funded (in whole or in part) by the City. In the case of such City public works
projects, the term "Director" shall mean the Director of the City Department
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that is administering, performing, or contracting for the construction
project, or his/her duly authorized representative.
Discharged - Any addition or introduction of any pollutant, Stormwater, or
any other substance whatsoever into the municipal separate storm sewer
system (MS4) or into waters of the United States.
Discharger - Any person who causes, allows, permits, or is otherwise
responsible for a discharge, including, without limitation, any operator of a
construction site or industrial facility.
Domestic Sewage - Human excrement, gray water (from home clothes
washing, bathing, showers, dishwashing, and food preparation), other
wastewater from household drains, and waterborne waste normally
discharged from the sanitary conveniences of dwellings (including
apartment houses and hotels), office buildings, factories, and institutions,
that is free from industrial waste.
Environmental Protection Agency or EPA - The United States
Environmental Protection Agency, the regional office thereof, any federal
department, agency, or commission that may succeed to the authority of
the EPA, and any duly authorized official of EPA or such successor agency.
Facility - Any building, structure, installation, process, or activity from
which there is or may be a discharge of a pollutant.
Fertilizer - A solid or non -solid substance or compound that contains an
essential plant nutrient element in a form available to plants and is used
primarily for its essential plant nutrient element content in promoting or
stimulating growth of a plant or improving the quality of a crop, or a mixture
of two or more fertilizers. The term does not include the excreta of an
animal, plant remains, or a mixture of those substances, for which no claim
of essential plant nutrients is made.
Final Stabilization - A construction site where any of the following
conditions are met:
(a) All soil disturbing activities at the site have been completed and a
uniform (for example, evenly distributed, without large bare areas)
perennial vegetative cover with a density of 70 percent of the native
background vegetative cover for the area has been established on all
unpaved areas and areas not covered by permanent structures, or
equivalent permanent stabilization measures (such as the use of
riprap, gabions, or geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
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(1) The homebuilder completing final stabilization as specified in
condition (a) above; or
(2) The homebuilder establishing temporary stabilization for an
individual lot prior to the time of transfer of the ownership of
the home to the buyer and after informing the homeowner of
the need for, and benefits of, final stabilization.
(c) For construction activities on land used for agricultural purposes (for
example pipelines across crop or range land), final stabilization may
be accomplished by returning the disturbed land to its preconstruction
agricultural use. Areas disturbed that were not previously used for
agricultural activities, such as buffer strips immediately adjacent to a
surface water and areas which are not being returned to their
preconstruction agricultural use must meet the final stabilization
conditions of condition (a) above.
(d) In arid, semi -arid, and drought -stricken areas only, all soil disturbing
activities at the site have been completed and both of the following
criteria have been met:
(1) Temporary erosion control measures (e.g., degradable rolled
erosion control product) are selected, designed, and installed
along with an appropriate seed base to provide erosion control
for at least three years without active maintenance by the
operator, and
(2) The temporary erosion control measures are selected,
designed, and installed to achieve 70 percent vegetative
coverage within three years.
Fire Department - The Fire Department of the City of Colleyville, or any
duly authorized representative thereof.
Fire Protection Water - Any water, and any substances or materials
contained therein, used by any person other than the Fire Department to
control or extinguish a fire.
Garbage - Putrescible animal and vegetable waste materials from the
handling, preparation, cooking, or consumption of food, including waste
materials from markets, storage facilities, and the handling and sale of
produce and other food products.
Harmful Quantity - The amount of any substance that will cause
pollution of water in the State.
Household Hazardous Waste (HHW) - Material generated in a
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household (including single and multiple residences, hotels and motels,
bunk houses, ranger stations, crew quarters, camp grounds, picnic
grounds, and day use recreational areas) by a consumer which, except
for the exclusion provided in 40 CFR § 26 1.4(b) (1), would be classified
as a hazardous waste under 40 CFR Part 261.
Hazardous Substance - Any substance listed in Table 302.4 of 40 CFR
Part 302.
Hazardous Waste - Substance identified or listed as a hazardous
waste by the EPA pursuant to 40 CFR Part 261.
Hazardous Waste Treatment, Disposal, and Recovery Facility -
Shall mean all contiguous land, structures, other appurtenances and
improvements on the land used for the treatment, disposal, or recovery
of hazardous waste.
Herbicide - A substance or mixture of substances used to destroy a
plant or to inhibit plant growth.
Hyperchlorinated Water - Water resulting from hyperchlori nation of
waterlines or vessels, with a chlorine concentration greater than 10
milligrams per liter (mg/Q.
Illicit Connection - Any man-made conveyance connecting an illicit
discharge directly to a municipal separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that
is not entirely composed of stormwater, except discharges pursuant to this
general permit or a separate authorization and discharges resulting from
emergency firefighting activities.
Indicator Pollutant- An easily measured pollutant, that may or may not
impact water quality that indicates the presence of other stormwater
pollutants.
Industrial Activity - Any of the ten (10) categories of industrial activities
included in the definition of "stormwater discharges associated with
industrial activity" as defined in 40 Code of Federal Regulations (CFR)
§122.26(b)(14)(i)-(ix) and (xi).
Industrial Waste - Any waterborne liquid or solid substance that
results from any process of industry, manufacturing, mining, production,
trade, or business.
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Landfilling - The deposition of soil and other inert materials on the land
to raise its grade and/or smooth its features.
Licensed Professional Engineer or PE - A person who has been duly
licensed and registered by the State Board of Registration for
Professional Engineers to engage in the practice of engineering in the
State of Texas.
Motor Vehicle Fluid - Any vehicle crankcase oil, antifreeze,
transmission fluid, brake fluid, differential lubricant, gasoline, diesel
fuel, gasoline/alcohol blend, and any other fluid used in a motor vehicle.
Municipal Landfill - An area of land or an excavation in which
municipal solid waste is placed for permanent disposal, and which is not
a land treatment facility, a surface impoundment, an injection well, or a
pile (as these terms are defined m regulations promulgated by the Texas
Commission on Environmental Quality)
Municipal Separate Storm Sewer System or MS4 - The system of
conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, man-made channels, or storm drains)
owned and operated by the City and designed or used for collecting or
conveying Stormwater, and which is not used for collecting or conveying
sewage.
Municipal Solid Waste - Solid waste resulting from or incidental to
municipal, community, commercial, institutional, or recreational activities,
and includes garbage, rubbish, ashes, street cleanings, dead animals,
abandoned automobiles, and other solid waste other than industrial waste.
Nonpoint Source - Any source of any discharge of a pollutant that is not
a "point source."
Notice of Intent (NOI) - The Notice of Intent that is required by either
the Baseline Industrial General Permit, the Construction General Permit or
the Multi- Sector General Permit.
Notice of Termination or (NOT) - The Notice of Termination that is
required by either the Baseline Industrial General Permit, the Construction
General Permit or the Multi -Sector General Permit.
Oil - Any kind of oil in any form, including, but not limited to, petroleum,
fuel oil, or crude oil, or any fraction thereof which is liquid at standard
conditions of temperature and pressure, or sludge, oil refuse, or oil mixed
with waste.
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Operator - The person or persons who, either individually or taken
together, meet either of the following two criteria: (1) they have operational
control over the facility specifications (including the ability to make
modifications in specifications); or (2) they have the day-to-day operational
control over those activities at the facility necessary to ensure compliance
with pollution prevention requirements and any permit conditions.
Owner - The person who owns a facility or part of a facility.
Person - Any individual, partnership, co -partnership, firm, company,
corporation, association, joint-stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives, agents, or
assigns. This definition includes all federal, state, and local governmental
entities.
Pesticide - A substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, or any substance or mixture of
substances intended for use as a plant regulator, defoliant, or desiccant (as
these terms are defined in Section 76.001 of the Texas Agriculture Code).
Petroleum Product - A product that is obtained from distilling and
processing crude oil and that is capable of being used as a fuel for the
propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol,
other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil,
and # 1 and #2 diesel.
Petroleum Storage Tank (PST) - Any one or combination of above
ground or underground storage tanks that contain petroleum products and
any connecting underground pipes.
Point Source - Shall mean any discernible, confined, and discrete
conveyance, including but not limited to, any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel or other
floating craft from which pollutants are or may be discharged. This term
does not include return flows from irrigated agriculture or agricultural
Stormwater runoff.
Pollutant - Dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical waste, biological materials,
radioactive materials, wrecked or discarded equipment, rock, sand, cellar
dirt, and industrial, municipal, and agricultural waste discharged into water.
The term "pollutant" does not include tail water or runoff water from
irrigation or rainwater runoff from cultivated or uncultivated range land,
pastureland, and farm land.
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Pollutant(s) of Concern —Includes biochemical oxygen demand (BOD),
sediment or a parameter that addresses sediment (such as total suspended
solids (TSS), turbidity or siltation), pathogens, oil and grease, and any
pollutant that has been identified as a cause of impairment of any water
body that will receive a discharge from an MS4. (Definition from 40 CFR §
122.32(e)(3)).
Pollution — The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the State that renders the
water harmful, detrimental, or injurious to humans, animal life, vegetation,
or property, or to the public health, safety, or welfare, or impairs the
usefulness or the public enjoyment of the water for any lawful or reasonable
purpose.
Public Works Construction Project — Any construction performed or
funded in whole or part, separately or collectively, by the federal, state,
county, or local government, including the City of Colleyville.
Qualified Personnel — Persons who possess the appropriate competence,
skills, and ability (as demonstrated by sufficient education, training,
experience, and/or, when applicable, any required certification or licensing)
to perform a specific activity in a timely and complete manner consistent
with the applicable regulatory requirements and generally -accepted
industry standards for such activity. Operator is responsible for providing
qualifications to the Director and the Director has the authority to approve
or deny the qualifications of personnel.
Release — Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing, directly
or indirectly, into the municipal separate storm sewer system (MS4) or the
waters of the United States.
Rubbish — Nonputrescible solid wastes that consist of (a) combustible
waste materials, including paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials; and (b)
noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture, and similar materials that do not bum at
ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
Sanitary Sewer (or Sewer) — Shall mean the system of pipes, conduits,
and other conveyances which carry industrial waste and domestic sewage
from residential dwellings, commercial buildings, industrial and
manufacturing facilities, and institutions, whether treated or untreated, to
the sewage treatment plant utilized by the City (and to which Stormwater,
surface water, and groundwater are not intentionally admitted).
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Septic Tank Waste - Any domestic sewage from holding tanks such as
vessels, chemical toilets, campers, trailers, and septic tanks.
Service Station - Any retail establishment engaged in the business of
selling fuel for motor vehicles that is dispensed from stationary storage
to n ks.
Sewage or Sanitary Sewage - The domestic sewage and/or industrial
waste that is discharged into the City sanitary sewer system and passes
through the sanitary sewer system to the sewage treatment plant utilized
by the City for treatment.
Site - The land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with
the facility or activity.
Solid Waste - Any garbage, rubbish, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility, and other discarded material, including, solid, liquid, semi -solid,
or contained gaseous material resulting from industrial, municipal,
commercial, mining, and agricultural operations, and from community
and institutional activities.
State - The State of Texas.
Stormwater and Stormwater Runoff - Rainfall runoff, snow melt
runoff, and surface runoff and drainage.
Stormwater Associated with Construction Activity - Stormwater
runoff from an area where there is either large construction or small
construction activity
Stormwater Discharge Associated with Industrial Activity - The
discharge from any conveyance which is used for collecting and
conveying Stormwater and which is directly related to manufacturing,
processing, or raw materials storage areas at an industrial plant which
is within one of the categories of facilities listed in 40 CPR part 122, and
which is not excluded from EPA's definition of the same term.
Stormwater Pollution Prevention Plan (SWPPP) - A plan required
by either the Construction General Permit, the Baseline Industrial
General Permit, or the Multi -Sector General Permit and which describes
and ensures the implementation of practices that are to be used to
reduce the pollutants in Stormwater discharges associated with
construction or other industrial activity at the facility.
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Structural Control (or Practice) - A pollution prevention practice that
requires the construction of a device, or the use of a device, to capture or
prevent pollution in stormwater runoff. Structural controls and practices
may include but are not limited to: wet ponds, bioretention, infiltration
basins, stormwater wetlands, silt fences, earthen dikes, drainage swales,
vegetative lined ditches, vegetative filter strips, sediment traps, check
dams, subsurface drains, storm drain inlet protection, rock outlet
protection, reinforced soil retaining systems, gabions, and temporary or
permanent sediment basins.
Surface Water in the State - Any groundwater, percolating or
otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of
Mexico, inside the territorial limits of the State, and all other bodies of
surface water, natural or artificial, inland or coastal, fresh or salt, navigable
or nonnavigable, and including the beds and banks of all water courses and
bodies of surface water, that are wholly or partially inside or bordering the
state or subject to the jurisdiction of the state..
Texas Pollutant Discharge Elimination System (TPDES) -
Regulatory program to control discharges of pollutants to surface
waters. Texas assumed the National Pollutant Discharge Elimination
system (NPDES) from EPA Sept. 14, 1998
Uncontaminated - Not containing a harmful quantity of any substance.
Used Oil or Used Motor Oil - Any oil that has been refined from crude
oil or a synthetic oil that, as a result of use, storage, or handling, has
become unsuitable for its original purpose because of impurities or the
loss of original properties but that may be suitable for further use and is
recyclable in compliance with State and federal law.
Wastewater - Any water or other liquid, other than uncontaminated
Stormwater, discharged from a facility.
Water Quality Standard - The designation of a body or segment of
surface water in the State for desirable uses and the narrative and numerical
criteria deemed by the State to be necessary to protect those uses, as
specified in Chapter 307 of Title 31 of the Texas Administrative Code.
Waters of the United States - All waters which are currently used, were
used in the past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the ebb and flow of the
tide; all interstate waters, including interstate wetlands; all other waters the
use, degradation, or destruction of which would affect or could affect
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interstate or foreign commerce; all impoundments of waters otherwise
defined as waters of the United States under this definition; all tributaries
of waters identified in this definition; all wetlands adjacent to waters
identified in this definition; and any waters within the federal definition of
"waters of the United States" at 40 CFR § 122.2; but not including any waste
treatment systems, treatment ponds, or lagoons designed to meet the
requirements of the federal Clean Water Act.
Wetland - An area that is inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and that
under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas.
Yard Waste - Leaves, grass clippings, yard and garden debris, and brush
that results from landscaping maintenance and land -clearing operations.
Sec. 42-44. General prohibition; exceptions.
(a) No person shall introduce or cause to be introduced into the municipal
separate storm sewer system (MS4) any discharge that is not
composed entirely of Stormwater.
(b) It is an affirmative defense to any enforcement action for violation of
Section 42-44(a), above, upon presentation of evidence by the
discharger, that the discharge was composed entirely of one or more
of the following categories of discharges:
(1) A discharge authorized by, and in full compliance with, an
NPDES permit (other than the NPDES permit for discharges
from the MS4);
(2) A discharge or flow resulting from firefighting by the Fire
Department;
(3) A discharge or flow of fire protection water that does not
contain oil or hazardous substances or materials that the Fire
Code in this Code of Ordinances requires to be contained and
treated prior to discharge, in which case treatment adequate
to remove harmful quantities of pollutants must have
occurred prior to discharge;
(4) Agricultural Stormwater runoff;
(5) A discharge or flow from water line flushing, but not
including a discharge from water line disinfection by
superch lorination or other means unless it contains no
harmful quantity of chlorine or any other chemical used in
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line disinfection;
(6) A discharge or flow from lawn watering, landscape
irrigation, or other irrigation water;
(7) A discharge or flow from a diverted stream flow or
natural spring;
(8) A discharge or flow from uncontaminated pumped
groundwater or rising groundwater;
(9) Discharge from a dechlorinated pool;
(10) Uncontaminated groundwater infiltration (as defined in 40
CPR §35.2005(20)) to the MS4;
(11) Uncontaminated discharge or flow from a foundation
drain, crawl space pump, or footing drain;
(12) A discharge or flow from a potable water source not
containing any harmful substance or material from the
cleaning or draining of a storage tank or other container;
(13) A discharge or flow from individual residential car
washing (external surfaces only);
(14) A discharge or flow from a riparian habitat or wetland;
(15) A discharge or flow from water used in street washing that
is not contaminated with any soap, detergent, degreaser,
solvent, emulsifier, dispersant, or any other harmful
cleaning substance, and the temperature of which has not
been elevated by induced heating;
(c) No affirmative defense shall be available under Section 42-44(b),
above, if the discharge or flow in question has been determined by
the Director to be a source of a pollutant or pollutants to the waters
of the United States or to the MS4, written notice of such
determination has been provided to the discharger, and the
discharge has occurred more than 15 calendar days beyond such
notice. The correctness of the Director's determination that a
discharge is a source of a pollutant or pollutants may be reviewed
in any administrative or judicial enforcement proceeding.
(d) The burden of proof that a discharge was composed entirely of one
or more of the categories in Section 42-44(b), above, and that it
was not a source of a pollutant or pollutants to the waters of the
United States or to the MS4 is upon the person or entity responsible
for the discharge.
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Sec. 42-45. Specific prohibitions and requirements.
(a) The specific prohibitions and requirements in this Section are not
inclusive of all the discharges prohibited by the general prohibition in
Section 42-44.
(b) No person shall introduce or cause to be introduced into the MS4 any
discharge that causes or contributes to causing the City to violate a
water quality standard, the City's TCEQ permit, or any state -issued
discharge permit for discharges from its MS4.
(c) No person shall dump, spill, leak, pump, pour, emit, empty, discharge,
leach, dispose, or otherwise introduce or cause, allow, or permit to be
introduced any of the following substances into the MS4:
(1) Any used motor oil, antifreeze, or any other motor vehicle
fluid;
(2) Any industrial waste;
(3) Any hazardous waste, including household hazardous waste;
(4) Any domestic sewage or septic tank waste, grease trap
waste, or grit trap waste;
(5) Any garbage, rubbish, yard waste, or other floatable
material;
(6) Any wastewater from a commercial carwash facility; from
any vehicle washing, cleaning, or maintenance at any new or
used automobile or other vehicle dealership, rental agency,
body shop, repair shop, or maintenance facility; or from any
washing, cleaning, or maintenance of any business or
commercial or public service vehicle, including a truck, bus,
or heavy equipment;
(7) Any wastewater from the washing, cleaning, deicing, or other
maintenance of aircraft;
(8) Any wastewater from a commercial mobile power washer or
from the washing or other cleaning of a building exterior that
contains any soap, detergent, degreaser, solvent, or any
other harmful cleaning substance, or that is at a temperature
that has been elevated by induced heating;
(9) Any wastewater from commercial floor, rug, or carpet
cleaning;
(10) Any wastewater from the washdown or other cleaning of
pavement that contains any harmful quantity of soap,
Ordinance 0-20-2151
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detergent, solvent, degreaser, emulsifier, dispersant, or any
other harmful cleaning substance, or that is at a temperature
that has been elevated by induced heating; or any
wastewater from the washdown or other cleaning of any
pavement where any spill, leak, or other release of oil, motor
fuel, or other petroleum or hazardous substance has
occurred, unless all harmful quantities of such released
material have been previously removed;
(11) Any effluent from a cooling tower, condenser, compressor,
emissions scrubber, emissions filter, or the blowdown from a
boiler;
(12) Any ready -mixed concrete, mortar, ceramic, or asphalt base
material or hydromulch material, or any wastewater or
substance from the cleaning of any vehicle or equipment
containing, or used in transporting or applying, such
material;
(13) Any runoff or washdown water from any animal pen, kennel,
or foul or livestock containment area;
(14) Any filter backwash from a swimming pool;
(15) Any discharge from water line disinfection by
superch lorination or other means if it contains any harmful
quantity of chlorine or any other chemical used in line
disinfection;
(16) Any fire protection water containing oil or hazardous
substances or materials that the Fire Code in this Code of
Ordinances requires to be contained and treated prior to
discharge, unless treatment adequate to remove pollutants
occurs prior to discharge. This prohibition does not apply to
discharges or flow from firefighting by the Fire Department;
(17) Any wastewater from a water curtain in a spray room used
for painting vehicles or equipment;
(18) Any contaminated runoff from a vehicle salvage yard or any
other facility classified as Standard Industrial Classification
5015 or 5093;
(19) Any substance or material that will damage, block, or clog
the MS4;
(20) Any release from a petroleum storage tank (PST), or any
leachate or runoff from soil contaminated by a leaking PST,
or any discharge of pumped, confined, or treated wastewater
from the remediation of any such PST release.
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(d) No person shall introduce or cause to be introduced into the MS4 any
harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation, landfilling, or other
construction activities (including any placement, movement, removal,
or disposal of soil, rock, or other earth materials) in excess of what
could be retained on site or captured by employing sediment and
erosion control measures to the maximum extent practicable.
(e) No person shall connect an interior floor drain or any other source of
wastewater, domestic or industrial, to the MS4, or allow such a
connection to continue.
(f) Regulation of Pesticides, Herbicides, and Fertilizers
(1) No person shall use or cause to be used any pesticide or
herbicide contrary to any directions for use on any labeling
required by state or federal statute or regulation.
(2) No person shall use or cause to be used any pesticide,
herbicide, or fertilizer in any manner that the person knows,
or reasonably should know, is likely to cause, or does cause,
a harmful quantity of the pesticide, herbicide, or fertilizer to
enter the MS4 or waters of the United States.
(3) No person shall dispose of, discard, store, or transport a
pesticide, herbicide, or fertilizer, or a pesticide, herbicide, or
fertilizer container, in a manner that the person knows, or
reasonably should know, is likely to cause, or does cause, a
harmful quantity of the pesticide, herbicide, or fertilizer to
enter the MS4 or waters of the United States.
(4) If provided with a display notice containing the provisions of
this Section 42-45(f), pertaining to the regulation of
pesticides, herbicides, and fertilizers (or a reasonable
description thereof), and the information that any user of the
product may obtain further information from the Director,
any person selling pesticides, herbicides, or fertilizers at
retail or wholesale shall post the notice prominently where it
may be read by purchasers of the product.
(g) Used Oil Regulation
(1) No person shall:
a. Discharge used oil into the MS4 or a sewer, drainage
system, septic tank, surface water, groundwater, or
water course;
b. Knowingly mix or commingle used oil with solid waste
that is to be disposed of in a landfill or knowingly
Ordinance 0-20-2151
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directly dispose of used oil on land or in a landfill;
c. Apply used oil to a road or land for dust suppression,
weed abatement, or other similar use that
introduces used oil into the environment.
(2) All businesses that change motor oil for the public,
municipal waste landfills, and fire stations are
encouraged to serve as public used oil collection centers
as provided by state statute in Section 371.024 of the
Texas Health & Safety Code.
(3) A retail dealer who annually sells directly to the public
more than 500 gallons of oil in containers for use off -
premises shall post in a prominent place a sign provided
by the City or by the state informing the public that
improper disposal of used oil is prohibited by law. The
sign shall prominently display the toll -free telephone
number of the state used oil information center. If a sign
is provided by the City, it shall also prominently display
the City telephone number where information concerning
the proper disposal of used oil may be obtained.
(h) No person shall introduce or cause to be introduced into the
sanitary sewer system any discharge of Stormwater, polluted or
unpolluted, or any discharge that causes or contributes to causing
the City of Colleyville to violate a water quality standard, its
agreements associated with the regional sewage treatment plants
or any state issued permit.
Sec. 42-46. Goal for erosion and sediment control at construction
sites.
Grading, erosion control practices, sediment control practices, and
waterway crossings shall meet the design criteria set forth in the most
recent version of the City of Colleyville Land Development Code and shall
be adequate to prevent transportation of sediment from the site to the
satisfaction of the City of Colleyville.
Sec. 42-47. General requirements for Stormwater discharges
from construction activities.
(a) All operators of construction sites shall use best management
practices to control and reduce the discharge, to the MS4 and to
waters of the United States, of sediment, silt, earth, soil, and other
material associated with clearing, grading, excavation, landfilling,
and other construction activities to the maximum extent
Ordinance 0-20-2151
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practicable. Any best management practices capable of installation
and/or implementation prior to commencement of construction
(for example, structural measures) shall be installed and/or
implemented prior to commencement of construction at the site or in
compliance with a schedule for installation and/or implementation in
an applicable SWPPP. The best management practices used at
construction sites may include, but not be limited to, the following
measures:
(1) Ensuring that existing vegetation is preserved where
feasible and that disturbed portions of the site are stabilized
as soon as practicable in portions of the site where
construction activities have temporarily or permanently
ceased.
(2) Stabilization of disturbed areas must, at a minimum, be
initiated immediately whenever any clearing, grading,
excavating or other earth disturbing activities have
permanently ceased on any portion of the site, or
temporarily ceased on any portion of the site and will not
resume for a period exceeding 14 calendar days.
Stabilization must be completed as soon as practicable, but
no more than 14 calendar days after the initiation of soil
stabilization measures.
(3) Use of structural practices to divert flows from exposed
soils, store flows, or otherwise limit runoff and the discharge
of pollutants from the site to the extent feasible;
(4) Minimization of the tracking of sediments off -site by
vehicles, the generation of dust, and the escape of other
windblown waste from the site;
(5) Prevention of the discharge of building materials, including
cement, lime, concrete, asphalt and mortar, to the MS4 or
waters of the United States;
(6) Measures to prevent and contain spills of paints, solvents,
fuels, septic waste, and other hazardous chemicals and
pollutants associated with construction, and to assure
proper cleanup and disposal of any such spills in compliance
with state, federal, and local requirements;
(7) Implementation of proper waste disposal and waste
management techniques, including covering waste
materials, minimizing ground contact with hazardous
chemicals and trash, and installing and maintaining covered
Ordinance 0-20-2151
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receptacles for rubbish and garbage to assure that such
waste materials are not blown or carried by rainfall runoff
from the site;
(8) Timely maintenance of vegetation, erosion and sediment
control measures, and other best management practices to
maintain them in good and effective operating condition;
and
(9) Installation of structural measures during the construction
process to control pollutants in Stormwater discharges that
will occur after construction operations have been
completed. Structural measures should be placed on upland
soils to the degree attainable. Such installed structural
measures may include, but not be limited to, the following:
Stormwater detention structures (including wet ponds);
Stormwater retention structures; flow attenuation by use of
open vegetative swales and natural depressions; other
velocity dissipation devices; infiltration of runoff on site; and
sequential systems which combine several practices.
Operators of construction sites are only responsible for the
installation and maintenance of Stormwater management
measures prior to final stabilization of the site, and are not
responsible for maintenance after Stormwater discharges
associated with construction activity have terminated.
(b) Qualified personnel (provided by the operator of the construction site)
shall inspect disturbed areas of any construction site that have not
been finally stabilized, areas used for storage of materials that are
exposed to precipitation, structural control measures, and locations
where vehicles enter or exit the site, at least once every seven
calendar days and within 24 hours of the end of a storm that is 0.5
inches or greater. All erosion and sediment control measures and
other identified best management practices shall be observed in order
to ensure that they are operating correctly and are effective in
preventing significant impacts to receiving waters and the MS4. Based
on the results of the inspection, best management practices shall be
modified as appropriate, and as soon as is practicable.
(c) Any owner of a site of construction activity, whether or not he/she is
an operator, is jointly and individually responsible for compliance with
the requirements in this Section 42-47.
(d) Any contractor or subcontractor on a site of construction activity, who
is not an owner or operator, but who is responsible under his/her
contract or subcontract, for implementing a best management
practices control measure, is jointly and individually responsible for
Ordinance 0-20-2151
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any willful or negligent failure on his/her part to adequately
implement that control measure.
Sec. 42-48. Management plan submittal and review for
Stormwater discharges from construction activity.
(a) Unless within one or more of the exceptions specified in Section 42-
48(f), below, all operators of sites of construction activity, including
clearing, grading, excavation, and landfilling activities, shall prepare
and submit the following documents to the Director at least fifteen
(15) calendar days prior to the commencement of construction
activities (unless, pursuant to Section 42-48(b) below, the Director
expressly allows construction to be commenced within a shorter
period of time following the document submittal)
(1) An identifying notice containing the following information:
a. The name, address, and telephone number of each
operator of the construction activity;
b. The name, address, and telephone number of each
owner of the construction site;
C. The location of the construction site, by street address
and legal description; and
d. A description of the nature of the construction project.
(2) Plans and specifications illustrating and describing the best
management practices required by Section 42-47(a),
above, that will be implemented at the construction site.
Such plans and specifications shall be prepared, signed, and
sealed by a Licensed Professional Engineer, except in
instances of land clearing or landfilling disturbing less than
12,000 square feet of land without any existing plans or
present intention of erecting a building or other structure on
the site.
(b) The Director may allow construction to be commenced within fewer
than fifteen (15) calendar days following submittal of the documents
required by Section 42-48(a), above, if he/she expressly determines
that:
(1) The required identifying notice and management plans and
specifications are complete and satisfactory;
(2) The Director has been afforded adequate time and
opportunity to review the management plans and
specifications; and
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(3) The management practices described in the plans and
observed upon any site inspection conducted are adequate
to control and reduce the discharge of sediment, silt, earth,
soil, and other materials associated with construction
activities to the maximum extent practicable.
(c) If, upon the Director's review of the management plans and
specifications required by Section 42-48(a), above (or any modified
plans required by Section 42-48(e), below) and any site inspection
that the Director may conduct, the Director determines that the
management practices described in the plans or observed upon the
site inspection are not adequate to control and reduce the discharge
of sediment, silt, earth, soil, and other materials associated with
construction activities to the maximum extent practicable, the
Director may issue an order prohibiting the commencement, or the
continuation, of any construction activity at the site. Any order issued
by the Director under the authority of this Paragraph may be in the
form of a Compliance Order under Section 42-56, an Emergency
Cease and Desist Order under Section 42-58, or a Stop Work Order
under Section 42-59.
(d) The City may deny approval of any building permit, grading permit,
or any other City approval necessary to commence or continue
construction, or to assume occupancy, on the grounds that the
management practices described in the plans or observed upon a site
inspection by the Director are determined not to control and reduce
the discharge of sediment, silt, earth, soil, and other materials
associated with construction activities to the maximum extent
practicable.
(e) Whenever the management practices at a construction site are
modified (as a result of change in the construction project, in order
to implement more effective management practices, in response to
an order or request from the City, or for any other reason), a written
description of such modifications of the management practices, signed
and sealed by a Professional Engineer, shall be submitted to the
Director as soon as possible, but in no case later than seven (7)
calendar days following the change in the management practices.
(f) The requirements of this Section 42-48 shall not apply to any of the
following activities:
(1) Any construction activity that results in the disturbance of
one or more acres of total land area, or that is part of a
common plan of development or sale within which one or
more acres of total land area are disturbed, and any other
construction activity for which an NPDES permit is required
Ordinance 0-20-2151
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for Stormwater discharges associated with that construction
activity. (In such circumstances, the requirements of
Section 42-49 apply in lieu of this Section.)
(2) Any public works construction project that is administered,
performed, contracted, or funded (in whole or in part) by
the City.
(3) Any construction activity, not a part of a larger plan of
development of one acres or more, related to the
construction, alteration, or addition to a single-family,
duplex or four-plex residential structure, or an accessory
use to any such structure, where one (1) primary structure
is constructed per legal block and the construction activity
does not result in the disturbance of more than 12,000
square feet of total land area.
(4) Any construction incident to repair or maintenance of a
utility line (such as for telecommunications, electricity,
water, sewer, and natural gas). (Construction incident to the
laying of new utility lines or replacement of existing lines is
not exempted from Section 42-48 by this paragraph).
(5) Interior alteration of an existing building when the alteration
does not increase the square footage, area, or height of the
building.
(6) Construction of a fence, but no exemption is granted by this
subparagraph for construction of a retaining wall or a fence
that may significantly obstruct or change the direction of
flow of water.
(7) Any construction activity that the Director expressly finds
not to cause, or threaten to cause, any discharge of any
harmful quantity of any material associated with
construction activity into the MS4 or to any other Waters of
the United States.
Sec. 42-49. One -acre or more disturbances from construction
activity.
All operators of sites of construction activity, including clearing, grading,
excavation, and landfilling activities, that result in the disturbance of five
(5) or more acres of total land area, or that are part of a common plan
of development or sale within which five or more acres of total land area
are disturbed, or who are required to obtain an NPDES permit for
Ordinance 0-20-2151
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Stormwater discharges associated with construction activity, shall
comply with the following requirements (in addition to those in Section
42-47) :
(1) Any operator who intends to obtain coverage for
Stormwater discharges from a construction site under the
NPDES General Permit for Stormwater Discharges From
Construction Sites (the "Construction General Permit")
shall submit a signed copy of its Notice of Intent (NOI)
to the Director of Public Works, and to any other
responsible City departmental Director, at least fifteen
(15) calendar days prior to the commencement of
construction activities. If the construction activity is
already underway upon the effective date of this article,
the NOI shall be submitted within thirty (30) calendar
days after the effective date of this article. For
Stormwater discharges from construction sites where the
operator changes, an NOI shall be submitted at least two
(2) calendar days prior to when the new operator
commences work at the site.
(2) A Stormwater Pollution Prevention Plan (SWPPP) shall be
prepared and implemented prior to the beginning of
construction activities in accordance with the
requirements of the Construction General Permit or any
individual NPDES permit issued for Stormwater
discharges from the construction site, and with any
additional requirement imposed by or under this article
and any other city ordinance.
(3) The SWPPP shall be prepared, and signed by a qualified
professional if between one and five acres. If more than
five acres, a licensed Professional Engineer shall prepare
the SWPPP. The signature of the qualified Professional
shall constitute his/her attestation that the SWPPP fully
complies with the requirements of the Construction
General Permit, or with any applicable individual NPDES
permit issued for Stormwater discharges from the
construction site, and with any additional requirement
imposed by or under this article. The SWPPP shall contain
the name, title, and business address of the qualified
Professional signing it, and the date that he/she did so.
(4) The SWPPP shall be updated and modified as appropriate
and as required by the Construction General Permit and
this article. Any update or modification to the SWPPP
Ordinance 0-20-2151
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shall be prepared, signed, and sealed by a Licensed
Professional Engineer.
(5) The SWPPP shall be prepared and submitted to the
Director at least fifteen (15) calendar days prior to the
commencement of construction activities. If the
construction activity is already underway upon the
effective date of this article, the SWPPP shall be
submitted within thirty (30) calendar days after the
effective date of this article.
(6) A copy of any SWPPP that is required by Section 42-49(2)
shall be submitted to the City in conjunction with any
application for a building permit, grading permit, site
development plan approval, and any other City approval
necessary to commence or continue construction at the
site.
(7) If, upon the Director's review of the SWPPP (or any
modification to the SWPPP) and any site inspection that
the Director may conduct, the Director determines that
the SWPPP does not comply with the requirements of the
Construction General Permit, any individual NPDES
permit issued for Stormwater discharge from the
construction site, or any additional requirement imposed
by or under this article, the Director may issue an order
prohibiting the commencement, or the continuation, of
any construction activity at the site. Also, if at any time
the Director determines that the SWPPP is not being fully
implemented, the Director may similarly issue an order
prohibiting the continuation of any construction activity
at the site. Any order issued by the Director under the
authority of this paragraph may be in the form of a
Compliance Order under Section 42-56, an Emergency
Cease and Desist Order under Section 42-58, or a Stop
Work Order under Section 42-59.
(8) Upon review of the SWPPP and any site inspection that is
conducted, the City may deny approval of any building
permit, grading permit, or any other City approval
necessary to commence or continue construction, or to
assume occupancy, on the grounds that the SWPPP does
not comply with the requirements of the Construction
General Permit, any individual or group NPDES permit
issued for Stormwater discharge from the construction
site, or any additional requirement imposed by or under
Ordinance 0-20-2151
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this article. Also, if at any time the City determines that
the SWPPP is not being fully implemented, the City may
similarly deny approval of any building permit, grading
permit, or any other City approval necessary to
commence or continue construction, or to assume
occupancy, at the site.
(9) All contractors and subcontractors identified in an SWPPP
shall sign a copy of the following certification statement
before conducting any professional service identified in
the SWPPP:
"I certify under penalty of law that I understand the
terms and conditions of the National Pollutant Discharge
Elimination System (NPDES) permit that authorizes the
Stormwater discharges associated with industrial activity
from the construction site identified as part of this
certification."
The certification must include the name and title of the
person providing the signature; the name, address, and
telephone number of the contracting firm; the address (or
other identifying description) of the site; and the date the
certification is made.
(10) The SWPPP, with the Licensed Professional Engineer's
signature, seal, and date affixed, and the certifications of
contractors and subcontractors required by Section 42-
49(2), above, and with any modifications attached, shall be
retained at the construction site from the date of
commencement of construction through the date of final
stabilization.
(11) The operator shall make a copy of the SWPPP and any
modification thereto available to the Director and any other
authorized City inspector at the construction site upon
request (as well as to EPA and State inspectors).
(12) The Director may notify the operator at any time that the
SWPPP does not meet the requirements of the Construction
General Permit, any applicable individual NPDES permit
issued for Stormwater discharges from the construction site,
or any additional requirement imposed by or under this
article. Such notification shall identify those provisions of
the permit or Ordinance which are not being met by the
SWPPP, and identify which provisions of the SWPPP require
modifications in order to meet such requirements. Within
Ordinance 0-20-2151
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seven (7) calendar days of such notification from the
Director (or as otherwise provided by the Director), the
operator shall make the required changes to the SWPPP and
shall submit to the Director a written certification that the
requested modifications have been made.
(13) The operator shall modify the SWPPP whenever there is a
change in design, construction, operation, or maintenance,
which has a significant effect on the potential for the
discharge of pollutants to the MS4 or to the waters of the
United States, and which has not otherwise been addressed
in the SWPPP, or if the SWPPP proves to be ineffective in
eliminating or significantly minimizing pollutants, or in
otherwise achieving the general objective of controlling
pollutants in Stormwater discharges associated with
construction activity. In addition, the SWPPP shall be
modified to identify any new contractor and/or
subcontractor that will implement a measure in the SWPPP.
All modifications to the SWPPP signed and sealed by a
Professional Engineer shall be submitted to the Director
within seven (7) calendar days of a change, determination
of ineffectiveness (self or City inspection), or effective date
of changes in contractor and/or subcontractor.
(14) Qualified personnel (provided by the operator of the
construction site) shall inspect disturbed areas of the
construction site that have not been finally stabilized, areas
used for storage of materials that are exposed to
precipitation, structural control measures, and locations
where vehicles enter or exit the site, at least once every
seven (7) calendar days and within twenty-four (24) hours
of the end of the storm that is 0.5 inches or greater.
Disturbed areas and areas used for storage of materials that
are exposed to precipitation shall be inspected for evidence
of, or the potential for, pollutants entering the drainage
system. Erosion and sediment control measures identified in
the SWPPP shall be observed to ensure that they are
operating correctly. Where discharge locations or points are
accessible, they shall be inspected to ascertain whether
erosion control measures are effective in preventing
significant impacts to receiving waters or the MS4. Locations
where vehicles enter or exit the site shall be inspected for
evidence of off -site sediment tracking.
(15) Based on the results of the inspections required by Section
42-49(14), above, the site description and/or the pollution
Ordinance 0-20-2151
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prevention measures identified in the SWPPP shall be
modified as appropriate, but in no case later than seven (7)
calendar days following the inspection. Such modifications
shall provide for timely implementation of any changes to
the SWPPP within seven (7) calendar days following the
inspection. All modifications to the SWPPP shall be
submitted to the Director within seven (7) calendar days of
the date of inspection.
(16) A report summarizing the scope of any inspection required
by Section 42-49(14), above, and the name(s) and
qualifications of personnel making the inspection, the
date(s) of the inspection, major observations relating to the
implementation of the SWPPP, and actions taken in
accordance with Section 42-49(15), above, shall be made
and retained as part of the SWPPP for at least three years
from the date that the site is finally stabilized. Such report
shall identify any incidence of noncompliance. Where a
report does not identify any incidence of noncompliance, the
report shall contain a certification that the facility is in
compliance with the SWPPP, the facility's NPDES permit, and
this article. The report shall be certified and signed by the
person responsible for making it.
(17) The operator shall retain copies of any SWPPP and all reports
required by this article or by the NPDES permit for the site,
and records of all data used to complete the NOI, for a
period of at least three years from the date that the site is
finally stabilized.
(18) Where a site has been finally stabilized and all Stormwater
discharges from construction activities that are authorized
by this article and by the NPDES permit for those
construction activities are eliminated, or where the operator
of all Stormwater discharges at a facility changes, the
operator of the construction site shall submit to the Director
of Public Works, and to any other responsible City
departmental Director, a Notice of Termination (NOT) that
includes the information required for Notices of Termination
by the Construction General Permit.
(19) Upon final stabilization of the construction site, the owner
(or the duly authorized representative thereof) shall submit
to the responsible Director written certification by a Licensed
Professional Engineer that the site has been finally
stabilized. (See definition of final stabilization in this article.)
Ordinance 0-20-2151
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The City may withhold an occupancy or use permit for any
premises constructed on the site until such certification of
final stabilization has been filed and the responsible
Director has determined, following any appropriate
inspection, that final stabilization has, in fact, occurred
and that any required permanent structural controls have
been completed.
Sec. 42-50. Right of entry: inspection and sampling.
The Director, or his/her authorized representative, shall have the right to
enter the premises of any person discharging Stormwater to the municipal
separate storm sewer system (MS4) or to waters of the United States to
determine if the discharger is complying with all requirements of this article,
and with any state or federal discharge permit, limitation, or requirement.
Dischargers shall allow the Director ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and copying,
and for the performance of any additional duties. Dischargers shall make
available to the Director, upon request, any SWPPP's, modifications thereto,
self -inspection reports, monitoring records, compliance evaluations, Notices
of Intent, and any other records, reports, and other documents related to
compliance with this article and with any state or federal discharge permit.
(1) Where a discharger has security measures in force which
require proper identification and clearance before entry into
its premises, the discharger shall make necessary
arrangements with its security guards so that, upon
presentation of suitable identification, the Director or his
authorized representative(s) will be permitted to enter
without delay for the purposes of performing his/her
responsibilities.
(2) The Director shall have the right to set up on the
discharger's property, or require installation of, such devices
as are necessary to conduct sampling and/or metering of
the discharger's operations.
(3) The Director may require any discharger to the MS4 or
waters of the United States to conduct specified sampling,
testing, analysis, and other monitoring of its Stormwater
discharges, and may specify the frequency and parameters
of any such required monitoring.
The Director may require the discharger to install monitoring
equipment as necessary at the discharger's expense. The
facility's sampling and monitoring equipment shall be
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maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices
used to measure Stormwater flow and quality shall be
calibrated to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy
access to the facility to be inspected and/or sampled shall
be promptly removed by the discharger at the written or
verbal request of the Director and shall not be replaced. The
costs of clearing such access shall be borne by the
discharger.
(5) Unreasonable delays in allowing the Director access to the
discharger's premises shall be a violation of this article.
Sec. 42-51. Search warrants.
If the Director, or his/her authorized representative, has been refused
access to any part of the premises from which Stormwater is discharged,
and he/she is able to demonstrate probable cause to believe that there may
be a violation of this article or any state or federal discharge permit,
limitation, or requirement, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of the City designed
to verify compliance with this article or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community, then
the Director may seek issuance of a search warrant from any court of
competent jurisdiction. For purposes of this Section, the Director of
Community Development, Director of Public Works, the City Engineer, the
Director of Parks and Recreation, and the duly authorized representatives
of these City departmental Directors are declared to be "health officers," as
that term is used in the Texas Code of Criminal Procedure, Article 18.05.
Sec. 42-52. Reports of violations.
(a) All citizens are encouraged to report any spills, releases, illicit
connections, other instances of anyone discharging pollutants into the
MS4 or waters of the United States, and any other violation of this
article of which they become aware, to the Director, his/her delegate,
or any person designated by the City Manager to receive such citizen
reports. Such citizen reports may be made by telephone, in writing,
or in person. A written record of each citizen report to the City will be
prepared and kept on file for a period of three (3) years, and a copy
of the City's record of the report will be furnished to the reporting
citizen upon request. Also upon request, the City Engineer or other
responsible City official will inform the reporting citizen of any action
undertaken by the City in response to the citizen's report.
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(b) The Operator and the Owner of any commercial or industrial activity
shall report any spills, releases, illicit connections, or other instances
where pollutants are discharged into the MS4 or waters of the United
States and any other violation of this article for which they are
responsible to the Director, his/her delegate, or any person
designated by the City Manager to receive such reports.
(c) The Operator and the Owner of any commercial or industrial
activity shall report all incidents enumerated in Section 42-52(b),
above, in accordance with the following:
(1) A hazardous and/or toxic material spill or release shall be
immediately reported to the Colleyville Fire Department.
(2) Other instances where pollutants are discharged into the
MS4 or waters of the United States by spill, release, illicit
connections or other means shall be reported to the
Environmental Specialist within the Department of Public
Works.
(d) Both the Operator and the Owner of any commercial or industrial
activity which has resulted in a spill or release of hazardous/toxic
materials or a substance of a polluting nature is responsible for
proper notification of the incident to the appropriate county, state,
and federal agency. The reporting of a spill/release to the City of
Colleyville does not release the Owner or Operator from reporting
to appropriate county, state and federal officials. Thus, dependent
on the type of release and the nature of the emergency caused
thereby (i.e., life threatening or no), the following agencies, in
addition to the Environmental Specialist within the Department of
Public Works, are specified to be notified:
(1) Hazardous Materials Response Team, City of Colleyville
Fire Department;
(2) City of Colleyville Police Department;
(3) City of Colleyville Operations Superintendent;
(4) Texas Commission on Environmental Quality; and
(5) U.S. Environmental Protection Agency.
Sec. 42-53. Warning notice.
When the Director finds that any person has violated, or continues to
violate, any provision of this article, or any order issued hereunder, the
Director may serve upon that person a written Warning Notice,
specifying the particular violation believed to have occurred and
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requesting the discharger to immediately investigate the matter and to
seek a resolution whereby any offending discharge will cease.
Investigation and/or resolution of the matter in response to the Warning
Notice in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the Warning Notice. Nothing in this
Section shall limit the authority of the Director to take any action,
including emergency action or any other enforcement action, without
first issuing a Warning Notice.
Sec. 42-54. Notification of violation.
When the Director finds that any person has violated, or continues to
violate, any provision of this article, or any order issued hereunder, the
Director may serve upon that person a written Notice of Violation. Within
ten (10) calendar days of the receipt of this notice, an explanation of
the violation and a plan for the satisfactory correction and prevention of
reoccurrence thereof, to include specific required actions, shall be
submitted by the alleged violator to the Director. If the alleged violator
denies that any violation occurred and/or contends that no corrective
action is necessary, an explanation of the basis of any such denial or
contention shall be submitted to the Director within ten (10) calendar
days of receipt of the notice. Submission of an explanation and/or plan
in no way relieves the alleged violator of liability for any violations
occurring before or after receipt of the Notice of Violation. Nothing in
this Section shall limit the authority of the Director to take any action,
including emergency action or any other enforcement action, without
first issuing a Notice of Violation. The Director may enter into Consent
Orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with any person responsible for
noncompliance with any provision in this article or any order issued
hereunder. Such documents may include specific action to be taken by
the person to correct the noncompliance within a time period specified
by the document. Such documents shall have the same force and effect
as the administrative orders issued pursuant to Sections 42-56, 42-47,
and 42-58 of this article and shall be judicially enforceable.
Sec. 42-55. Show cause hearing.
The Director may order any person who has violated, or continues to
violate, any provision of this article, or any order issued hereunder, to
appear before the Director and show cause why a proposed enforcement
action should not be taken. Notice shall be served on the alleged violator
specifying the time and place for the hearing, the proposed enforcement
action, the reasons for such action, and a request that the alleged
violator show cause why the proposed enforcement action should not be
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taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least ten (10)
calendar days prior to the hearing. Such notice may be served on any
authorized representative of the alleged violator. The hearing shall be
conducted pursuant to the rights and procedures specified in Section 42-
60 of this article. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the alleged violator.
Sec. 42-56. Compliance orders.
When the Director finds that any person has violated, continues to
violate, or threatens to violate, any provision of this article, or any order
issued hereunder, the Director may issue an order to the violator directing
that the violator come into compliance within a specified time limit, prior to
commencement or continuance of operation, or immediately. Compliance
orders also may contain other requirements to address the noncompliance,
including additional self -monitoring, and management practices designed to
minimize the amount of pollutants discharged to the MS4 and waters of the
United States. A compliance order may not extend the deadline for
compliance established by a state or federal standard or requirement, nor
does a compliance order relieve the person of liability for any violation,
including any continuing violation. Issuance of a compliance order shall not
be a bar against, or a prerequisite for, taking any other action against the
violator.
Sect. 42-57. Remediation, abatement, and restoration orders.
When the Director finds that a person has violated, or continues to violate,
any provision of this article, or any order issued hereunder, and that such
violation has adversely affected the MS4, or the waters of the United States,
the Director may issue an order to the violator directing him/her to
undertake and implement any appropriate action to remediate and/or abate
any adverse effects of the violation upon the MS4, or the waters of the
United States, and/or to restore any part of the MS4, or the waters of the
United States. Such remedial, abatement, and restoration action may
include, but not be limited to: monitoring, assessment, and evaluation of
the adverse effects and determination of the appropriate remedial,
abatement, and/or restoration action; confinement, removal, cleanup,
treatment, and disposal of any discharged or released pollution or
contamination; prevention, minimization, and/or mitigation of any damage
to the public health, welfare, or the environment that may result from the
violation; restoration or replacement of City property or natural resources
damaged by the violation. The order may direct that the remediation,
abatement, and/or restoration be accomplished on a specified compliance
schedule and/or be completed within a specified period of time. An order
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issued under this Section does not relieve the violator of liability for any
violation, including any continuing violation. Issuance of an order under this
Section shall not be a bar against, or a prerequisite for, taking any other
action against any responsible party.
Sec. 42-58. Emergency cease and desist orders.
When the Director finds that any person has violated, continues to violate,
or threatens to violate, any provision of this article, or any order issued
hereunder, or that the person's past violations are likely to recur, and that
the person's violation(s), or threatened violation(s), have caused or
contributed to an actual or threatened discharge to the MS4 or waters of
the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the
environment, the Director may issue an order to the violator directing it
immediately to cease and desist all such violations and directing the violator
to:
(1) Immediately comply with all requirements of this article;
and
(2) Take such appropriate preventive action as may be
needed to properly address a continuing or threatened
violation, including immediately halting operations
and/or terminating the discharge.
Any person notified of an emergency order directed to it under this
Section shall immediately comply and stop or eliminate its endangering
discharge. In the event of a discharger's failure to immediately comply
voluntarily with the emergency order, the Director may take such steps
as deemed necessary to prevent or minimize harm to the MS4 or waters
of the United States, including immediate termination of a facility's
water supply, sewer connection, or other municipal utility services. The
Director may allow the person to commence or recommence its
discharge when it has demonstrated to the satisfaction of the Director
that the period of endangerment has passed, unless further termination
proceedings are initiated against the cease and desist order shall not be
a bar against, or a prerequisite for, taking discharger under this article.
A person that is responsible, in whole or in part, for any discharge
presenting endangerment shall submit a detailed written statement,
describing the causes of the harmful discharge and the measures taken
to prevent any future occurrence, to the Director within ten (10)
calendar days of receipt of the emergency order. Issuance of an
emergency any other action against the violator.
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Sec. 42-59. Stop work orders.
Whenever the Director finds that any operator of a construction site has
violated, threatens to violate, or continues to violate, any provision of
Sections 42-47 through 42-58 of this article, or any order issued
hereunder, the Director may issue a Stop Work Order to the operator,
and require that a copy of the Stop Work Order be posted at the
construction site and distributed to all City departments and divisions
whose decisions affect any activity at the site. Unless express written
exception is made by the Director, the Stop Work Order shall prohibit
any further construction activity, or any commencement of construction
activity, at the site and shall bar any further inspection or approval by
the City associated with a building permit, grading permit, or any other
City approval necessary to commence or continue construction or to
assume occupancy at the site. Issuance of a Stop Work Order shall not
be a bar against, or a prerequisite for, taking any other action against
the violator.
Sec. 42-60. Reconsideration and hearing.
(a) Any person subject to a Compliance Order under Section 42-56, a
Remediation, Abatement, or Restoration Order under Section 42-
57, an Emergency Cease and Desist Order under Section 42-58,
or a Stop Work Order under Section 42-59 of this article may
petition the Director to reconsider the basis for his/her order within
fifteen (15) calendar days of the affected person's notice of
issuance of such an order.
(b) Failure to submit a timely written petition for reconsideration shall be
deemed to be a waiver of any further right to administrative
reconsideration or review of the order.
(c) In its petition, the petitioning party must indicate the provisions of the
order objected to, the reasons for the objection(s), any facts that are
contested, the evidence that supports the petitioner's view of the
facts, any alternative terms of an order that the petitioner would
accept, and whether the petitioning party requests a hearing on its
petition.
(d) The effect of any Compliance Order under Section 42-56,
Remediation, Abatement, or Restoration Order under Section 42-57,
and any Stop Work Order under Section 42-59 shall be stayed pending
the Director's reconsideration of the petition, and any hearing
thereon, unless the Director expressly makes a written determination
to the contrary. The effectiveness of any Emergency Cease and Desist
Order under Section 42-58 shall not be stayed pending the Director's
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reconsideration, or any hearing thereon, unless the Director expressly
and in writing stays his/her emergency order.
(e) Within thirty (30) calendar days of the submittal of a petition for
reconsideration, the Director shall either (1) grant the petition and
withdraw or modify the order accordingly; (2) deny the petition
without a hearing, if no material issue of fact is raised; or (3) if a
hearing has been requested and a material issue of fact has been
raised, set a hearing on the petition.
(f) Written notice of any hearing set by the Director pursuant to Section
42-60(e) above shall be served on the petitioning party personally or
by registered or certified mail (return receipt requested) at least ten
(10) calendar days prior to the hearing. Such notice may be served
on any authorized representative of the petitioning party.
(g) The Director may himself/herself conduct the hearing and take
evidence, or he/she may designate any employee of the City or any
specially -designated attorney or engineer to:
(1) issue in the name of the City notices of hearing requesting
the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in
the hearing;
(2) take evidence;
(3) transmit a report of the evidence and hearing, including
transcripts and other evidence, together with
recommendations to the Director for action thereon.
(h) At any hearing held pursuant to this Section, testimony taken shall
be under oath and recorded. Any party is entitled to present
his/her case or defense by oral or documentary evidence and to
conduct such cross-examination as may be required for a full and
true disclosure of the facts. A transcript will be made available to
any party to the hearing upon payment of the usual charges
thereof.
(i) After the Director has reviewed the evidence, he/she shall either
(1) grant the petition; (2) deny the petition; or (3) grant the
petition in part and deny it in part. The Director may modify his/her
order as is appropriate based upon the evidence and arguments
presented at the hearing and his/her action on the petition. Further
orders and directives as are necessary and appropriate may be
issued.
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Sec. 42-61. Appeal.
Any person who remains adversely affected by the Director's order after
petitioning for reconsideration pursuant to Section 42-60, or who is
subject to an order of the Director issued following a Show Cause
Hearing under Section 42-55, may challenge the final action of the
Director in an appropriate court of competent jurisdiction.
Sec. 42-62. Civil remedies.
(a) Whenever it appears that a person has violated, or continues to
violate, any provision of this article that relates to:
(1) the preservation of public safety relating to the materials
or methods used in construction of any structure or
improvement of real property;
(2) the preservation of public health or to the fire safety of a
building or other structure or improvement;
(3) the establishment of criteria for land subdivision or
construction of buildings, including street design;
(4) dangerously damaged or deteriorated structures or
improvements;
(5) conditions caused by accumulations of refuse,
vegetation, or other matter that creates breeding and
living places for insects and rodents; or
(6) point source effluent limitations or the discharge of a
pollutant, other than from a nonpoint source, into the
MS4, the City may invoke Sections 54.012 - 54.017 of
the Texas Local Government Code and petition the State
district court or the county court at law of Tarrant County,
through the City Attorney, for either the injunctive relief
specified in Section 42-62(b) or the civil penalties
specified in Section 42-62(c) below, or both the specified
injunctive relief and civil penalties.
(b) Pursuant to Section 54.016 of the Texas Local Government Code, the
City may obtain against the owner or the operator of a facility a
temporary or permanent injunction, as appropriate, that:
(1) prohibits any conduct that violates any provision of this
article that relates to any matter specified in Sections 42-
62(a)(I)-(6), above; or
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(2) compels the specific performance of any action that is
necessary for compliance with any provision of this article
that relates to any matter specified in Section 42-62(a)(I)-
(6), above.
(c) Pursuant to Section 54.017 of the Texas Local Government Code, the
City may recover a civil penalty of not more than $1,000 per day for
each violation of any provision of this article that relates to any matter
specified in Sections 42-62(a)(I)-(5) above, and a civil penalty of not
more than $5,000 per day for each violation of any provision of this
article that relates to any matter specified in Section 42-62(a)(6)
above, if the City proves that:
(1) the defendant was actually notified of the provisions of the
article; and
(2) after the defendant received notice of the article provisions,
the defendant committed acts in violation of the article or
failed to take action necessary for compliance with the
article.
Sec. 42-63. Criminal penalties.
(a) Any person who has violated any provision of this article, or any order
issued hereunder, shall be strictly liable for such violation, regardless
of the presence or absence of a culpable mental state, and shall, upon
conviction, be subject to a fine of not more than $2000 per violation,
per day.
(b) Any person who has knowingly made any false statement,
representation, or certification in any application, record, report, plan,
or other documentation filed, or required to be maintained, pursuant
to this article, or any order issued hereunder, or who has falsified,
tampered with, or knowingly rendered inaccurate any monitoring
device or method required under this article shall, upon conviction, be
subject to a fine of not more than $2000 per violation, per day.
In determining the amount of any fine imposed hereunder, the court
shall take into account all relevant circumstances, including, but not
limited to, the extent of harm caused by the violation, the magnitude
and duration of the violation, any economic benefit gained through
the violation, corrective actions by the violator, the compliance history
of the violator, the knowledge, intent, negligence, or other state of
mind of the violator, and any other factor as justice requires.
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Sec. 42-64. Civil suit under the Texas Water Code.
Whenever it appears that a violation or threat of violation of any
provision of Section 26.121 of the Texas Water Code, or any rule,
permit, or order of the Texas Commission on Environmental Quality, has
occurred or is occurring within the jurisdiction of the City of Colleyville,
exclusive of its extraterritorial jurisdiction, the City, in the same manner
as the Texas Commission on Environmental Quality, may have a suit
instituted in a state district court through its City Attorney for the
injunctive relief or civil penalties or both authorized in Sections 7.031
and 7.032 of the Texas Water Code, against the person who committed
or is committing or threatening to commit the violation. This power is
exercised pursuant to Section 7.351 of the Texas Water Code. In any
suit brought by the City under this Section 42-64, the Texas Commission
on Environmental Quality is a necessary and indispensable party.
Sec. 42-65. Remedies nonexclusive.
The remedies provided for in this article are not exclusive of any other
remedies that the City may have under state or federal law or other City
ordinances. The City may take any, all, or any combination of these
actions against a violator. The City is empowered to take more than one
enforcement action against any violator. These actions may be taken
concurrently.
Sec. 42-66. Performance and maintenance bonds.
The Director may, by written notice, order any owner or operator of a
source of Stormwater discharge associated with construction or
industrial activity to file a satisfactory bond, payable to the City, in a
sum not to exceed a value determined by the Director to be necessary
to achieve consistent compliance with this article, any order issued
hereunder, any required Best Management Practice, and/or any SWPPP
provision, and/or to achieve final stabilization of the site. The City may
deny approval of any building permit, grading permit, subdivision plat,
site development plan, or any other City permit or approval necessary
to commence or continue construction or any industrial activity at the
site, or to assume occupancy, until such a performance or maintenance
bond has been filed.
Sec. 42-67. Liability insurance.
The Director may, by written notice, order any owner or operator of a
source of Stormwater discharge associated with construction or
industrial activity to submit proof that it has obtained liability insurance,
or other financial assurance, in an amount greater than or equal to a
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value determined by the Director, that is sufficient to remediate, restore,
and abate any damage to the MS4, the waters of the United States, or
any other aspect of the environment that is caused by the discharge.
Sec. 42-68. Nuisance.
A violation of any provision of this article, or any order issued hereunder, is
hereby declared a public nuisance and shall be corrected or abated as
directed by the Director. Any person(s) creating a public nuisance shall
further be subject to the provisions of the Chapter 42, Article II, of the Code
of the City of Colleyville.
ARTICLE IV — POST CONSTRUCTION STORMWATER MANAGEMENT
Sec. 42-69. Findings of Fact
The City finds that construction activities and land development alter the
hydrologic characteristics of the land by increasing impervious surface
area and, in some cases, change the terrain. These alterations increase
stormwater runoff volume and accelerate the rate of flow, which may lead
to erosion. In addition, impervious surfaces harbor water pollutants, which
are carried to local water bodies via runoff.
Sec. 42-70. Purpose
The City finds that proper management of post -construction stormwater
runoff will minimize damage to public and private property and
infrastructure, safeguard the public health, safety, environment, and
general welfare, and protect water resources. This purpose is accomplished
via the following actions:
(1) Establishing minimum post -construction stormwater
management standards to minimize stormwater runoff
volumes and regulate subsequent quality; and,
(2) Identifying the long-term responsibility for maintenance of
permanent BMPs and setting forth plans to ensure
continued functionality.
Sec. 42-71. Definitions
Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this article, shall have the following meanings:
Best Management Practice (BMP) — Schedule of activities, prohibitions
of practices, maintenance procedures, structural controls, local ordinances,
and other management practices to prevent or reduce the discharge of
pollutants. BMPs also include treatment practices, operating procedures,
and practices to control runoff, spills or leaks, waste disposal, or drainage
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from raw materials storage areas. A list of BMPs is included in the City's
drainage criteria.
Maintenance Agreement - A formal contract between a local government
and a property owner to guarantee long-term maintenance of stormwater
management practices.
Operations and Maintenance Plan - A legally recorded document that
acts as a property deed restriction and which provides for the long-term
maintenance of stormwater management practices.
Owner - The deed holder of the land upon which the stormwater facility
resides, to be determined by the most recently approved city tax roll
Permanent BMP - All practices and facilities employed to meet and
maintain stormwater runoff quantity and quality requirements after site
development has been completed
Post -construction [or Post -Development]: activities and operations
performed after the Notice of Termination for a development or
redevelopment project has been filed and approved
Stormwater Facility - Any physical facility built to control stormwater
runoff in compliance with the City's criteria.
Sec. 42-72. Minimum Stormwater Control Standards
All permanent BMPs must be designed, installed, implemented and
maintained to meet the criteria and specifications of the City's criteria.
Stormwater runoff quantity and quality after development or redevelopment
of the property shall not exceed pre -development conditions, to the greatest
extent practicable. A downstream assessment shall be performed per the
City's Drainage Criteria.
Sec. 42-73. Operations and Maintenance Plan
(a) Operations and Maintenance Plan Requirements. Operations and
Maintenance Plans shall be prepared and sealed by a licensed
professional. The Operations and Maintenance Plan must clearly
identify the person(s) responsible for operation and maintenance of
temporary and permanent BMPs to ensure proper and continuous
function. The Operations and Maintenance Plan and records of all
maintenance tasks as performed shall be retained on site. The
Operations and Maintenance Plan shall include, but is not limited to:
(1) Identification of person(s) or position title responsible for
all tasks in the plan;
a. Adherence to the Operations and Maintenance plan is
the responsibility of the individual property owner or of
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the Homeowner's Association (HOA) if the facility is
part of a subdivision.
(2) Inspection requirements;
a. Self -inspection: The maintenance plan shall require
self -inspection of the stormwater management
facilities, according to the inspection form located in
the City's criteria. Self -inspection forms must be
completed and submitted to the Public Works Director
or his/her designee on an annual basis.
b. City inspection: The City reserves the right to inspect
all stormwater facilities for compliance with
maintenance guidelines on an as -needed basis.
(3) Maintenance requirements;
a. Description of maintenance tasks and anticipated
frequency, including both routine and non -routine
maintenance.
i. Routine maintenance:
1. Vegetation Management
2. Debris Removal
3. Mechanical Equipment Check
ii. Non -routine maintenance:
1. Bank Stabilization
2. Sediment Removal
3. Structural Repair and Replacement
b. Testing and disposal of sediments; and
c. All specifications and maintenance requirements of
proprietary devices.
(4) Execution of maintenance easements dedicated to the City
to allow for safe access for inspections and maintenance;
and
(5) Estimated lifespan of permanent BMPs and appropriate
replacement schedule.
Activities outlined in the Operations and Maintenance Plan
shall adhere to all design criteria and other policies
regarding the operation and maintenance of stormwater
facilities for the City. Inspection and Maintenance
requirements may be altered or increased if the City deems
it necessary to maintain the proper function of the
stormwater facility.
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(b) Filing of Operations and Maintenance Plan. All permanent BMPs,
including the Operations and Maintenance Plan and the locations of
any required maintenance easements, are to be submitted with the
site plan for approval by Engineering Division. The Operations and
Maintenance Plan and execution of maintenance easements must be
completed and approved prior to the final acceptance of the project.
Once approved, the Operations and Maintenance Plan, along with any
maintenance easements, must be filed with the County Deed Office
of Tarrant County. The Operations and Maintenance Plan is to be
permanently linked to the deed of the land, regardless of changes in
ownership. The owner of the property holds the ultimate responsibility
for ensuring that this plan is properly filed and followed throughout
the lifespan of the permanent BMPs.
(c) Transfer of Ownership. Cleaning and repair of permanent BMPs
should be completed before transfer of ownership.
Sec. 42-74. - Recourse for Noncompliance
(a) Inspection Violations. If the owner fails to submit completed
inspection forms to the City of Colleyville within the time frame
specified for the property, the City will issue a letter requesting that
the inspections be completed within thirty (30) days from the
postmarked date. If the inspection has not been completed at this
time, the city may levy a fine not to exceed $200 per incident/per
day.
(b) Maintenance Violations. If City inspection personnel discover
malfunctioning or improperly maintained stormwater facilities, or
facilities that have become a danger to public safety, the owner of the
property will receive a notice detailing the violation. The notice of
violation shall contain:
(1) The name and address of the owner;
(2) The address (when available) or description of the
structure or land upon which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial measures necessary to bring
the facility into compliance with the City's stormwater
facility BMPs;
(5) A statement of the penalties that may be assessed
according to this ordinance; and
(6) A statement that the violation may be appealed via within
15 days of service of the Notice of Violation.
Ordinance 0-20-2151
Page 45 of 46
If the issue has not been resolved within sixty (60) days of the postmarked
date, the City may issue a citation and levy a fine not to exceed $200 per
incident/per day. If the owner is nonresponsive or lacks means to perform
the necessary repairs or maintenance, the City may conduct the work and
assess the cost of the work to the owner; this cost will become a lien on the
property until paid.
Secs. 42-75-42-79. — Reserved.
Sec. 2. THAT All provisions contained in ordinances of the City in
conflict with the provisions of this ordinance shall be, and the
same are hereby, repealed; provided, however, that all other
provisions of said ordinances not in conflict herewith shall
remain in full force and effect.
Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 4. THAT, except as otherwise provided in this ordinance, any
person, firm or corporation violating any of the provisions or
terms of this ordinance or of the Code of Ordinances as
amended hereby, shall be subject to the same penalty as
provided for in Section 1-6 of Ordinances of the City of
Colleyville, as previously amended.
Sec.5. THAT the penalties set forth in this ordinance shall be
cumulative and not exclusive of any other rights or remedies
the city may have, including the right to seek injunctive relief
for any and all violations of this ordinance when authorized by
law.
Sec. 6. THAT All rights and remedies of the City of Colleyville are
expressly saved as to any and all violations of any other
ordinances affecting Stormwater pollution control which have
accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
Sec. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
Ordinance 0-20-2151
Page 46 of 46
The first reading and public hearing being conducted on the 15th day of
December 2020.
A second reading and public hearing was conducted on the 5th day of
January 2021.
PASSED AND APPROVED BY A VOTE OF 5 AYES, 1 NAYS, ON THIS THE 5th
DAY OF JANUARY 2021.
Mayor Richard Newton Ave Mayor Pro Tem Bobby Lindamood Absent
Place 1, Tammy Nakamura Nay Place 5, Chuck Kelley Ave
Place 3, Kathy Wheat Aye Place 6, Callie Rigney Ave
Place 4, George Dodson Ave
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney