G-10-03-11-9A1 - 3/11/2010ORDINANCE NO. 6 - (O-- 0 3--1(-
AN
-l(-AN ORDINANCE AMENDING CHAPTER 10, CODE OF
ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS
BY ADDING SECTION 10.1100, ESTABLISHING REGULATIONS
FOR CONTROLLING THE INTRODUCTION OF POLLUTANTS
INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM
(MS4) OR CONVEYANCES; PROVIDING FOR A SAVINGS CLAUSE
AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock, Texas
desires to establish regulations for controlling the
introduction of pollutants into the Municipal Separate Storm
Sewer System (MS4) or conveyances, in order to provide for the
health, safety, and general welfare of the citizens of the City
of Round Rock, and to comply with requirements of the Texas
Pollutant Discharge Elimination System (TPDES) Phase II MS4
permit TXR040000; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 10, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended by adding a Section 10.1100
which shall read as follows:
SECTION 10.1100 ILLICIT DISCHARGES OF POLLUTANTS INTO THE MS4 OR
CONVEYANCES
10.1101 APPLICABILITY
This chapter shall be applicable to any and all dischargers (as herein defined) within the
city limits and extraterritorial jurisdiction of the City of Round Rock, Texas.
10.1102 DEFINITIONS
The following words and phrases when used in this chapter shall, for the purpose of
this chapter, have the meanings respectively ascribed to them in this definitions section,
except when the context otherwise requires. Whenever any words and phrases used
herein are not defined herein but are defined in the federal and state laws regulating
illicit discharge, any such definition therein shall be deemed to apply to such words and
phrases used herein, except when the context otherwise requires.
O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00184284.DOC/jkg
(1) Calendar day. When the term "day" is used herein, unless specifically defined
otherwise, the term shall mean any day of the week, including Saturdays,
Sundays, and legal holidays, with no days being excepted.
(2) Chief. The City employee fulfilling the duties of and holding the title of Chief
of Public Works Operations, or similar subsequent title designation, or his/her
designee.
(3) City. The City of Round Rock, Texas.
(4) City staff. Employees of any of the City of Round Rock's public works
departments, authorized to act on the departments' behalf by the Chief of
Public Works Operations.
(5) Construction activity. The disturbance of soils associated with clearing,
grading, grubbing, demolition or excavating activities or other construction
activities.
(6) Conveyance. Any of the following, by way of illustration and not limitation:
stream, channel, drainage way, drainage/dry well, ephemeral stream,
floodplain, karst feature, storm drainage system, drainage system
appurtenance, waterbody, watercourse or waterway.
(7) Discharge. Any addition or introduction of any pollutant, storm water, or any
other substance whatsoever into the Municipal Separate Storm Sewer System
(MS4) or conveyances.
(8) 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.
(9) Environmental Protection Agency (EPA). The United States Environmental
Protection Agency, the regional office thereof, any federal department, agency,
or commission that may succeed to the authority of EPA, and any duly
authorized official of EPA or such successor agency.
(10) Extremely hazardous substance. Any substance listed in the Appendices to 40
CFR Part 355, Emergency Planning and Notification.
(11) Facility. Any building, structure, installation, or activity from which there is or
may be a discharge of a pollutant.
(12) Fire Department. The Fire Department of the City of Round Rock, Texas, and
any other fire departments with which the City of Round Rock has mutual
assistance or mutual aid agreements.
(13) 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.
(14) 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.
(15) Harmful quantity. The amount of any substance due to volume or
concentration that will cause pollution.
(16) Hazardous material. Any material (including any substance, waste, or
combination thereof) which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause or significantly contribute to
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a substantial present or potential hazard to human health, safety, property, or
the environment when improperly treated, stored, transported, disposed of, or
otherwise managed. This term shall include household hazardous wastes as
classified under 40 CFR Part 261, hazardous substances as listed in Table
302.4 of 40 CFR Part 302, and hazardous wastes identified or listed by the
EPA pursuant to 40 CFR Part 261.
(17) Illicit connection. Any connection to the MS4 or conveyances that allows for
an illicit discharge.
(18) Illicit discharge. Any direct or indirect discharge of pollutant to the MS4 or
conveyances, except as specifically exempted in this chapter.
(19) Industrial activity. Any activity at an industrial facility described by the TPDES
Multi Sector General Permit, TXR050000, or by any other TCEQ or TPDES
permit including any of the following, by way of illustration and not of
limitation: manufacturing, processing, materials storage, and waste materials
disposal.
(20) Industrial waste. Any waterborne liquid or solid substance that results from
any process of industry, manufacturing, mining, production, trade or business.
(21) Motor vehicle fluids. 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.
(22) Municipal Separate Storm Sewer System (MS4). The storm drainage system
operated and maintained by the City of Round Rock, Texas which is comprised
of the following: 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 storm water, and which is not used for
collecting or conveying sewage.
(23) Non -storm water discharge. Any discharge to the storm drain system that is
not composed entirely of storm water runoff.
(24) Notice of Intent (NOI). The Notice of Intent that is required by either the
Industrial General Permit or the Construction General Permit.
(25) Oil. Any kind of oil in any form, including but not limited to petroleum, fuel
oil, crude oil or any fraction thereof which is liquid at standard conditions of
temperature and pressure, sludge, oil refuse, and oil mixed with waste. This
term shall include used oil that 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.
(26) Operator. The person or persons who, either individually or taken together,
meet the following two criteria: (1) he/she/they have operational control over
the facility specifications (including the ability to make modifications in
specifications); and (2) he/she/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.
(27) Owner. The person who owns a facility or part of a facility.
(28) 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, lessees,
or assigns. This term shall also include all federal, state, and local
governmental entities.
(29) Petroleum storage tank (PST). Any one or a combination of aboveground or
underground storage tanks or connecting underground pipes that contain
petroleum products that are obtained from distilling and processing crude oil
and that are capable of being used as a fuel.
(30) Pollutant. A substance, the entrance of which causes or contributes to a
violation of applicable water quality standards as defined by the Clean Water
Act. This term includes, but is not limited to paints, varnishes, solvents, oil
and other automotive fluids, yard wastes, trash, sediments, household
chemicals, detergents, pesticides, herbicides, fertilizers, hazardous materials,
sewage, animal wastes, dredged spoil, solid waste, incinerator residue,
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, and
other materials exposed to storm water as a result of construction activity.
(31) 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.
(32) Release. Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing into the
Municipal Separate Storm Sewer System (MS4) or conveyances.
(33) Sanitary sewer (or sewer). The system of pipes, conduits, and other
conveyances which carry industrial waste and domestic sewage from residential
dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, to the City sewage treatment plant
(and to which storm water, surface water, and groundwater are not
intentionally admitted).
(34) Service station. Any retail establishment engaged in the business of selling fuel
for motor vehicles that is dispensed from stationary storage tanks.
(35) 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.
(36) Solid waste. Any garbage, trash, 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.
(37) State. The State of Texas.
(38) Storm water. Any surface flow, storm water runoff, snow melt runoff, and
surface runoff and drainage consisting entirely of water from any form of
natural precipitation.
(39) Storm water pollution prevention plan (SWPPP). A plan required by either the
Construction General Permit or the Industrial General Permit and which
describes and ensures the implementation of practices that are to be used to
reduce the pollutants in storm water discharges associated with construction or
other industrial activity at the facility.
(40) TCEQ. The Texas Commission on Environmental Quality, or any duly
authorized official of said agency.
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(41) Texas Pollutant Discharge Elimination System (TPDES). The program
delegated to the State of Texas by EPA pursuant to 33 USC § 1342(b).
(42) Trash. Nonputrescible solid waste, excluding ashes, that consist of (1)
combustible waste materials, including paper, rags, cartons, wood, excelsior,
furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and
(2) noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal objects, and similar materials that do not burn at
ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).
(43) Uncontaminated. Not containing a harmful quantity of any substance.
(44) Washwater. Any water containing pollutants from the act of cleaning parking
lots, vehicles, or building exteriors.
(45) Wastewater. Human excrement, gray water (from home clothes washing,
bathing, showering, dishwashing, and food preparation), other wastewater that
is free from industrial waste including from household drains, and waterborne
waste normally discharged from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings, factories, and
institutions.
(46) 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.
(47) 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.
(48) Yard waste. Leaves, grass clippings, yard and garden debris, and brush that
results from landscaping maintenance and land -clearing operations.
10.1103 MINIMUM STANDARDS
The standards set forth in this chapter are minimum standards; therefore, no inference
is intended that compliance with this chapter will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants. Additionally, no
inference is intended that compliance with this chapter will serve to extend any
deadline established by a state or federal standard or requirement, nor is any inference
intended that compliance with this chapter will relieve a discharger of liability for any
violation or continuing violation.
10.1104 COMPLIANCE OBLIGATIONS
Any person subject to an industrial or construction activity TPDES storm water
discharge permit shall comply with all provisions of such permit or any other state or
federal regulations. Prior to the City allowing discharges to the MS4 or conveyances,
the City may require proof of such compliance in a form acceptable to the City.
Every person owning property through which a conveyance passes shall have the
obligation to keep and maintain that part of the conveyance within that property free of
pollutants.
10.1105 GENERAL PROHIBITION; AFFIRMATIVE DEFENSES
(1) General Prohibition
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No person within the city limits and extraterritorial jurisdiction of the City of
Round Rock, Texas shall introduce, cause to be introduced, discharge, or cause
to be discharged into the Municipal Separate Storm Sewer System (MS4) or
any conveyances any discharge that is not composed entirely of storm water.
Such prohibition includes commencement of any illicit discharge into the MS4
or any conveyances, and continuation of any illicit discharge into the MS4 or
any conveyances.
(2) Affirmative Defenses
It is an affirmative defense to any enforcement action for violation of Section
10.1105(1) that the discharge was composed entirely of one or more of the
following categories of discharges:
(a) A discharge specified in writing by the City as being necessary to
protect public health and safety.
A discharge authorized by a TPDES permit, waiver, or waste discharge
order issued to the discharger and administered under authority of the
TCEQ or USEPA, provided that the discharger is in full compliance
with all requirements of the permit, waiver, order, and other applicable
laws and regulations.
(c) A discharge resulting from fire fighting/fire suppression activities.
(d) A discharge of fire protection water from standard municipal
operations and training that does not contain oil or hazardous
substances or materials that are required 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.
(e) A discharge resulting from the standard municipal operations of street
sweeping and street washing activities, which discharge is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier,
dispersant, or any other harmful cleaning substance.
A discharge from water line flushing, but not including a discharge
from water line disinfection by superchlorination or other means unless
the total residual chlorine (TRC) has been reduced to less than 1 ppm
(part per million) and it contains no harmful quantity of chlorine or any
other chemical used in line disinfection.
(b)
(f)
(g)
A discharge from a potable water source not containing any harmful
quantity of a substance or material from the cleaning or draining of a
storage tank or other container.
(h) A discharge from lawn watering or landscape irrigation.
(i) A discharge from individual residential car washing.
(j) A discharge from air conditioning condensation that is unmixed with
water from a cooling tower, emissions scrubber, emissions filter, or
any other source of pollutant.
(k) Swimming pool water that has been dechlorinated so that total residual
chlorine (TRC) is less than one (1) ppm (part per million) and that
contains no harmful quantity of chlorine, muriatic acid or other
chemical used in the treatment or disinfection of the swimming pool
water or in pool cleaning.
(3)
Storm water runoff from a roof that is not contaminated by any runoff
or discharge from an emissions scrubber or filter or any other source of
pollutant.
A discharge or flow from a diverted stream flow or natural spring.
A discharge or flow from uncontaminated pumped groundwater, rising
groundwater, or groundwater infiltration to storm drains.
Uncontaminated groundwater infiltration, as defined by 40 CFR
Section 35.2005(20), to the MS4.
Uncontaminated discharge from a foundation or footing drain
(excluding active groundwater dewatering systems), crawl space pump,
or sump pump.
No affirmative defense shall be available under this chapter if the discharge in
question has been previously determined by the City to be a source of a
pollutant to the MS4 or any conveyances, and written notice of such
determination has been provided to the discharger. The City's determination
that a discharge is a source of a pollutant may be reviewed in any
administrative or judicial enforcement proceeding.
10.1106 SPECIFIC PROHIBITIONS
(1) The specific prohibitions and requirements in this Section 10.1106 are not
inclusive of all the discharges prohibited by the general prohibition in Section
10.1105(1).
(2) No person shall introduce, cause to be introduced, discharge, or cause to be
discharged into the MS4 or conveyances any discharge that causes or
contributes to causing the City to violate a water quality standard, the City's
TPDES permit, or any state -issued discharge permit for discharges from its
MS4.
(3)
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 or conveyances:
(a) Any motor oil, antifreeze, or any other motor vehicle fluid.
(b) Any industrial waste.
(c) Any hazardous material, including household hazardous waste,
hazardous substances, and hazardous waste.
(d) Any wastewater or septic tank waste, grease trap waste, or grit trap
waste.
(e) Any garbage, trash, or yard waste, specifically including but not
limited to pressure -treated wood, painted wood, painted wood pallets,
laminated wood, insulation, and particle board.
(f) Any discharge from a 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 vehicle, including a truck, bus, or heavy equipment, by a business
or public entity that operates more than four (4) such vehicles.
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(g) Any discharge from a 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.
(h) Any discharge from commercial floor, rug, or carpet cleaning.
(i) Any discharge from the washdown or other cleaning of pavement that
contains any harmful quantity of soap, detergent, solvent, degreaser,
emulsifier, dispersant, or any other harmful cleaning substance; or any
discharge 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.
(j) Any effluent from a cooling tower, condenser, compressor, emissions
scrubber, emissions filter, or the blowdown from a boiler.
(k) Any ready -mixed concrete, mortar, ceramic, or asphalt base material
or hydromulch material, or material from the cleaning of vehicles or
equipment containing, or used in transporting or applying, such
materials.
(1)
(m)
Any runoff or washdown water 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.
Any swimming pool, fountain, or spa water, including backwash
water, containing total residual chlorine (TRC) of 1 ppm (part per
million) or more or containing any harmful quantity of chlorine,
muriatic acid or other chemical used in the treatment or disinfection of
the swimming pool water or in pool cleaning.
(n) Any discharge from water line disinfection by superchlorination or
other means if the total residual chlorine (TRC) is at 1 ppm (part per
million) or more or if it contains any harmful quantity of chlorine or
any other chemical used in line disinfection.
(o) Any fire protection water containing oil or hazardous materials that are
required 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 fire fighting/fire
suppression activities.
(p) Any contaminated runoff from a vehicle salvage yard or storage yard.
(q) Any substance or material that will damage the MS4.
(r) Any release from a petroleum storage tank (PST), or any leachate or
runoff from soil contaminated by a leaking PST, or any discharge from
the remediation of any such PST release, unless the discharge satisfies
all of the following criteria:
(i) Compliance with all state and federal standards and
requirements; and
(ii) No discharge containing a harmful quantity of any pollutant.
(s) Any harmful quantity of sediment, silt, earth, soil, or other material
which is associated with clearing, grading, excavation or other such
construction activities, or which is associated with landfilling or other
placement or disposal of soil, rock, or other earth materials.
(t) Any pavement washwater from a service station unless such washwater
has passed through a properly functioning and maintained grease, oil,
and sand separator before discharge into the MS4 or conveyances.
(u) Any introduction of oil into the environment, specifically including but
not limited to oil applied to a road or land for dust suppression, weed
abatement, or other similar use; or any introduction of oil commingled
or mixed with solid waste that is to be disposed of in a landfill; or any
introduction of oil by direct disposal on land or in a landfill; or any
introduction of oil into the MS4 or conveyances, or into any septic
tank.
10.1107 PROHIBITION OF ILLICIT CONNECTIONS
The construction of, use of, maintenance of, or continued use of a new or existing
illicit connection to the MS4 or any conveyances is prohibited. This prohibition
expressly includes any illicit connection made before passage of the ordinance codified
in this chapter, regardless of whether such connection was permissible under law or
practices applicable or prevailing at the time of connection. A person is deemed to be
in violation of this chapter if the person connects a line conveying wastewater or
industrial waste to the MS4 or any conveyances, or allows such a connection to
continue.
10.1108 COMPLIANCE MONITORING
(1) Right of Entry: Inspection and Sampling
City staff shall have the right to enter any facility or site, including industrial
and construction facilities or sites, which are discharging to the MS4 or any
conveyances to determine if the discharger is complying with all requirements
of this chapter. Dischargers shall allow City staff immediate access to all parts
of the premises for the purposes of inspection, sampling, records examination,
and copying, and for the performance of any additional inspections or duties.
Dischargers shall make available to City staff, upon request, any SWPPPs
(Storm Water Pollution Prevention Plans), 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 chapter and with any state or federal discharge permit.
(a) Where a discharger has security measures in force which require
proper identification and clearance before entry onto its premises, the
discharger shall make necessary arrangements with its security guards
so that, upon presentation of suitable identification, City staff will be
permitted to enter without delay for the purposes of performing the
City's responsibilities.
City staff shall have the right to set up on the discharger's property, or
require installation on the discharger's property, of such devices as
City staff deem necessary to conduct sampling and/or metering of the
discharger's operations.
(c) City staff may require any discharger to the MS4 or any conveyances
to conduct specified sampling, testing, analysis, and other monitoring
of its storm water discharges at the discharger's expense, and may
specify the frequency and parameters of any such required monitoring.
(d) City staff may require the discharger to install monitoring equipment as
necessary at the discharger's expense. The facility's sampling and
(b)
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monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the discharger at its own expense. All
devices used to measure storm water flow and quality shall be
calibrated to ensure accuracy.
(e) 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 City staff and shall not
be replaced. The costs of clearing such access shall be borne by the
discharger.
(0 Unreasonable delays in allowing City staff access to the discharger's
premises shall be deemed a violation of this chapter.
(2) Search Warrant
If City staff has been refused access to any part of the premises from which
storm water is discharged, and the City is able to demonstrate probable cause
to believe that there may be a violation of this chapter, 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 chapter or any order issued
hereunder, or to protect the overall public health, safety, and welfare of the
community, then the City may seek issuance of a search warrant from any
court of competent jurisdiction.
10.1109 REQUIREMENT FOR NOTIFICATION OF SPILLS
(1)
Notwithstanding other requirements of law, as soon as any discharger or
operator of a facility or operation, or person responsible for emergency
response for a facility or operation, has information of any known or suspected
release of materials which are resulting or may result in an illicit discharge,
such person shall take all necessary steps to ensure the discovery, containment
and cleanup of such discharge.
(a) Hazardous Materials Spill. In the event of discharge of hazardous
materials, the discharger shall immediately notify emergency response
agencies. Once the immediate threat has been properly contained, the
discharger shall notify the City via its Chief of Public Works
Operations.
(b) Non -Hazardous Materials Spill. In the event of a release of non-
hazardous materials, the discharger shall notify the City, via its Chief of
Public Works Operations, in person or by telephone no later than the
next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the Chief within
three (3) business days of the telephone notice.
(2) If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also
retain on-site a written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for a minimum of three (3) years.
10.1110 ENFORCEMENT PROVISIONS
(1) Notice of Violation
When City staff believes that a discharger has violated, or continues to violate,
any provision of this chapter, or any order issued hereunder, the Chief, or
his/her designee, may serve upon the alleged violator a written "Notice of
Violation." Within ten (10) days of mailing of such "Notice of Violation," the
alleged violator shall submit to the Chief a written explanation of the violation
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and a written plan for the satisfactory correction and prevention of recurrence
thereof, including specific required actions. If the alleged violator denies that
any violation occurred and/or contends that no corrective action is necessary, a
written explanation of the basis of any such denial or contention shall be
submitted by the alleged violator to the Chief within seven (7) days of receipt
of the "Notice of Violation." Submission of an explanation and/or plan shall in
no way relieve the alleged violator of liability for any violation occurring
before or after receipt of the "Notice of Violation." Nothing herein shall limit
the authority of the City and the Chief to take any action, including emergency
action or any other enforcement action, in the absence of issuance of a "Notice
of Violation."
(2) Voluntary Consent Order
The City, via its Chief of Public Works Operations, may enter into a
"Voluntary Consent Order," an assurance of voluntary compliance, or other
similar agreement with any violator non-compliant with any provision of this
chapter, or any order issued hereunder. Such document may include specific
action to be taken by the violator to correct non-compliance within a time
period specified by the Chief. Such agreement shall have the same force and
effect as administrative orders issued pursuant to this chapter, and same shall
be judicially enforceable.
(3) Mandatory Compliance Order
When City staff finds that any discharger has violated, or continues to violate,
any provision of this chapter, or any order issued hereunder, the Chief may
issue a "Mandatory Compliance Order" to the violator ordering any one or
more of the following:
(a) Compliance within Time Limit: Directing that the violator come into
compliance within a specified time limit. Such an order also may
contain other requirements to address non-compliance, including
additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the MS4 or
conveyances.
(b)
Remediation, Abatement, and/or Restoration: Directing that the
violator (if the violation has adversely affected the MS4 or conveyances
or any other aspect of the environment) undertake and implement any
appropriate action to remediate and/or abate any adverse effects of the
violation upon the MS4 or conveyances or any other aspect of the
environment, and/or to restore any part of the MS4 or conveyances or
any other aspect of the environment that has been harmed. Such
remedial, abatement, and restoration action may include but shall 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 pollutant or contamination;
prevention, minimization, and/or mitigation of any damage to the
public health, safety, welfare, or the environment that may result from
the violation; restoration or replacement of City property or natural
resources damaged by the violation. Such an 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. Any expenses related to the remediation, abatement,
and/or restoration incurred by the City shall be fully reimbursed by the
person deemed responsible by the Chief. If the amount due is not paid
within a timely manner, as determined by decision of the City, then the
charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
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(c) Emergency Cease and Desist: Directing that the violator immediately
cease and desist from all violations (if the violation(s) have caused or
contributed to an actual or threatened discharge to the MS4 or any
conveyances which reasonably appears to present an imminent or
substantial endangerment to the health, safety, or welfare of persons or
to the environment; or if past violation(s) are likely to recur). The
"Emergency Cease and Desist Order" may also direct the violator to:
(i) Immediately comply with all chapter requirements; and
(ii) 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 violator notified of an "Emergency Cease and Desist Order" shall
immediately comply and stop or eliminate the endangering discharge.
In the event of a violator's failure to immediately comply voluntarily
with the "Emergency Cease and Desist Order," the City and City staff
may take such steps as it/they deem necessary to prevent or minimize
harm to the MS4 or conveyances, and/or endangerment to persons or
to the environment. Any expenses related to the remediation,
abatement, and/or restoration incurred by the City shall be fully
reimbursed by the person deemed by the Chief to be responsible. If the
amount due is not paid within a timely manner, as determined by
decision of the City, then the charges shall become a special assessment
against the property and shall constitute a lien on the property for the
amount of the assessment.
The City may allow the violator to recommence its discharge when it
has demonstrated to the satisfaction of City staff that the period of
endangerment has passed, unless further termination proceedings are
initiated against the violator under this chapter. A violator that is
responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit the following to the Chief within five (5)
days of receipt of the "Emergency Cease and Desist Order": a detailed
written statement, describing the causes of the harmful discharge and
the measures taken to prevent any future occurrence. Issuance of an
"Emergency Cease and Desist Order" shall not be a bar against, or a
prerequisite for, taking any other action against the violator.
(d) Construction Stop Work Order Regarding Illicit Discharge: Whenever
City staff finds that any operator of a construction site has violated, or
continues to violate, any provision of this chapter, or any order issued
hereunder, the Chief may order that a "Construction Stop Work Order
Regarding Illicit Discharge" be issued to the operator or person
responsible, posted at the construction site, and distributed to all City
departments and divisions whose decisions affect any activity at such
site. Unless express written exception is made by the City, the
"Construction Stop Work Order Regarding Illicit Discharge" shall
prohibit any further 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 authorization necessary to
commence or continue construction or to assume occupancy at the site.
Issuance of a "Construction Stop Work Order Regarding Illicit
Discharge" shall not be a bar against, or a prerequisite for, taking any
other action against the violator.
A "Mandatory Compliance Order" may not extend the deadline for compliance
established by a state or federal standard or requirement, nor shall a
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"Mandatory Compliance Order" relieve the violator of liability for any
violation, including any continuing violation.
Issuance of a "Mandatory Compliance Order" shall not be a bar against, or a
prerequisite for, taking any other action against the violator or any responsible
party.
(4) Disconnection from MS4
Any discharger in violation of this chapter may have his/her/its MS4
connection terminated by City staff, if such disconnection would abate or
reduce an illicit discharge. The City has the right to require the violator to
disconnect from the MS4 at the violator's expense, or require the discharger to
take corrective action to eliminate the source of the illicit discharge. A
discharger commits an offense if he/she/it reinstates an MS4 connection
previously terminated pursuant to this chapter, without the prior written
approval of the City.
Without any prior notice, City staff may terminate a discharger's MS4
connection when such action is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the
environment, or to the health or welfare of persons, or to the MS4 or any
conveyances. If the discharger fails to comply with any order issued in such an
emergency, the City may take such steps as it deems necessary to prevent or
minimize damage to the MS4 or any conveyances, and to minimize danger to
persons.
10.1111 RIGHT TO RECONSIDERATION OF ENFORCEMENT PROVISION
Any discharger subject to an order under Section 10.1110 of this chapter may petition
the City's Chief of Public Works Operations to reconsider the basis for the order
within seven (7) days of the affected person's notice of issuance of such an order.
After the Chief has reviewed relevant documents and evidence, he/she shall (1) grant
the petition; or (2) deny the petition; or (3) grant the petition in part and deny it in part.
The Chief may modify the order as is appropriate based upon all the documents and
evidence. Further orders and directives as are necessary and appropriate may be
issued. The decision of the Chief shall be final and shall be non -appealable.
10.1112 CIVIL REMEDIES; INJUNCTIVE RELIEF
It shall be unlawful for any person to violate any provision of this chapter, or to fail to
comply with any of the requirements of this chapter. If a discharger has violated or
continues to violate the provisions of this chapter, the City may avail itself of any and
all civil remedies available to it, including petitioning the courts for a preliminary or
permanent injunction restraining the discharger from activities which would create
further violations or compelling the discharger to perform abatement or remediation of
the violation.
10.1113 VIOLATION DEEMED PUBLIC NUISANCE
Any condition caused or permitted to exist in violation of any of the provisions of this
chapter is a threat to public health, safety, and welfare, and is therefore declared and
deemed a public nuisance, and may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken by the City.
10.1114 CRIMINAL PENALTIES
(1) A discharger that violates any provision of this chapter, or any order issued
hereunder, commits an offense punishable by a fine not to exceed $500 per
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violation, per day, or any greater fine authorized by State statute. Proof of a
culpable mental state is not required for conviction of an offense under this
Section 10.1114(1).
(2) A discharger that violates any provision of this chapter, or any order issued
hereunder, intentionally, knowingly, recklessly, or with criminal negligence
commits an offense punishable by a fine not to exceed $2,000 per violation, per
day, or any greater fine authorized by State statute.
(3) Any discharger 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 chapter, or any order
issued hereunder, or who has falsified, tampered with, or knowingly rendered
inaccurate any monitoring device or method required under this chapter shall
be guilty of a misdemeanor and, upon conviction, be subject to a fine of not
more than $2000 per violation, per day, or any greater fine authorized by State
statute.
(4) 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.
(5) The remedies provided for in this chapter 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, and these actions may be taken concurrently.
II.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour, place and subject of the
meeting at which this ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
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required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
READ and APPROVED on first reading this the 7-1.1 day of
, 2010.
READ, APPROVED and ADOPTED on second reading this the
Will day of biL i , 2010.
ATTEST:
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
City of Round Rock, Texas
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DATE: March 4, 2010
SUBJECT: City Council Meeting — March 11, 2010
ITEM: *9A1. Consider an ordinance establishing regulations for controlling the introduction
of pollutants into the Municipal Separate Storm Sewer System (Second Reading)
Deaartment:
Staff Person:
Justification:
Engineering and Development Services
Danny Halden, P.E. City Engineer
Adoption of an Illicit Discharge Ordinance is required as part of the City's Storm Water Management
Plan (SWMP) approved by the Texas Commission on Environmental Quality (TCEQ). The ordinance will
define an illicit discharge and will establish regulations for controlling the introduction of pollutants into
the City's storm drainage system and will comply with requirements of the Texas Pollutant Discharge
Elimination System (TPDES) Phase II MS4 Permit.
Strategic Plan Relevance:
29.0 Provide for effective management of storm water. To achieve this goal the City will ensure it is in
compliance with storm water regulations and will examine options for funding storm water treatment.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
N/A
Public Comment:
N/A