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OR 2012-1312 Waste discharge into storm sewer systemAN ORDINANCE OF THE CITY OF COPPELL ORDINANCE NO. 2012-1312 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY AMENDING ARTICLE 15-15 REGULATING THE DISCHARGE OF WASTES INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AND SURFACE WATER WITHIN THE CITY OF COPPELL, TEXAS, PROVIDING A TITLE; SHOWING FEDERAL AND STATUTORY AUTHORITY; STATING PURPOSES AND METHODS; DEFINING SCOPE OF AUTHORITY, OUTLINING THE ORGANIZATION OF THIS ORDINANCE, PROVIDING ABBREVIATIONS OF TERMS, PROVIDING DEFINITIONS OF TERMS, PROVIDING FOR ENORCEMENT, PROVIDING A SYSTEM OF CHARGES FOR SERVCIES RENDERED, PROVIDING A SYSTEM OF ALLOWABLE AND MISCELLANEOUS DISCHARGES, PROVIDING A SEVERABLITY CLAUSE, PROVIDING A REPEALER, ESTABLISHING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00), AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell has provided facilities for the collection and transport of storm water to promote the health, safety and convenience of its people and for the safeguarding of water resources common to all; and WHEREAS, the Texas Commission on Environmental Quality (TCEQ) Rules and Regulations for Municipal Separate Storm Sewer Systems (MS4) state that municipality must develop and implement a program to detect and eliminate illicit connections and discharges to the MS4; and WHEREAS, it is the obligation of the City of Coppell to facilitate compliance with federal and state riles and regulations by producers of certain types of storm water and to comply with these same regulations; and WHEREAS, protection of the quality of storm water runoff into the municipal separate storm sewer system and surface waters within the city may require either the exclusion or controlled discharge point of origin of types or quantities of waste; and WHEREAS, adoption of the new Article 15, Chapter 15-15 of the Code of Ordinances of the City of Coppell is necessary to protect the health, safety and welfare of its citizens; Page 1 of 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Coppell City Code be, and the same is hereby, amended by amending Chapter 15, Other Codes Adopted, by adding Article 15-15 which is as follows: "ARTICLE 15-15 STORM WATER QUALITY MANAGEMENT AND ILLICIT DISCHARGE CODE Section 15-15-1. Adoption and Title There is hereby adopted and shall be known as the Storm Water Quality Management Code. Section 15-15-2. Statement of Authority 1. Compliance with Federal Authority The City of Coppell shall comply with, enforce and adopt all applicable Federal regulations pertaining to storm water discharges from regulated small MS4's. All persons within the jurisdiction of this ordinance shall comply with all applicable Federal laws including the Clean Water Act (33 United States Code § 1251 et. seq.) and the National Pollutant Discharge Elimination System (NPDES) regulations, as they now exist or as hereinafter amended. 2. Compliance and Scope with Statutory Authority The City of Coppell shall comply with, enforce and adopt all applicable sections of Chapter 26 of the Texas Water Code as it now exists or as hereafter amended. The City shall comply with all applicable Texas Pollutant Discharge Elimination System (TPDES) permits and requirements which controls discharges of pollutants to surface waters and any State permit, issued hereafter, for storm water discharges from its MS4. All persons within the jurisdiction of this ordinance shall comply with all applicable State laws including the Texas Water Code and the TPDES regulations as they now exist or as hereinafter amended. Section 15-15-3. Purpose and Methods Page 2 of 23 This ordinance sets forth uniform requirements for discharges to the Municipal Separate Storm Sewer System (MS4) and enables the City of Coppell (City) to comply with all applicable federal and state laws, including, but not limited to, the Clean Water Act, the Stormwater Phase II Final Rule, Chapter 26 of the Texas Water Code, Title 30 of the Texas Administrative Code, and the City's Phase II MS4 Texas Pollution Discharge Elimination System General Permit. The purpose of this ordinance is: A. To maintain and improve the quality of surface water within the City. B. To regulate the contribution of pollutants to the Municipal Separate Storm Sewer System (MS4) by storm water discharges by any user; C. To prevent the introduction of pollutants into the Municipal Separate Storm Sewer System and to prohibit illicit connections and discharges to the MS4 to the maximum extent practicable; D. To enable the City to comply with all Federal and State laws and regulations applicable to storm water discharges; E. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this ordinance; F. To provide enforcement remedies for non-compliance with this article. G. To prevent or reduce the discharge of contaminated storm water runoff from constriction, industrial and residential sites into the MS4 and surface waters within the City. Section 15-15-4 Abbreviations and Definitions 1. ABBREVIATIONS The following abbreviations, when used in this ordinance, shall have the designated meanings: BMP - Best Management Practices CFR - Code of Federal Regulations CSN - Constriction Site Notice Page 3 of 23 MS4 - Municipal Separate Storm Sewer System NEC - No Exposure Certification NOI - Notice of Intent NOT - Notice of Termination NPDES - National Pollutant Discharge Elimination System PST - Petroleum Storage Tank RCRA - Resource Conservation and Recovery Act SWP3 - Storm Water Pollution Prevention Plan TPDES - Texas Pollution Discharge Elimination System U.S.C. - United States Code USEPA - U.S. Environmental Protection Agency 2. DEFINITIONS Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. Approved Erosion Control Plan: An erosion control plan prepared in compliance with City requirements, as specified in the Subdivision Ordinance and Erosion and Sedimentation Control Ordinance, and approved by the City Engineer or designee. Best management practices (BMP): Schedules of activities, prohibitions of practices, installation of erosion control devices, 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. Page 4 of 23 Clean Water Act: The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments and amendments thereof. The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation's waters by preventing point and nonpoint pollution sources, providing assistance to publicly owned treatment works for the improvement of wastewater treatment, and maintaining the integrity of wetlands. Commencement of construction: The disturbance of soils associated with clearing, grading, or excavating activities or other constriction activities. Commercial: Pertaining to any business, trade, industry, or other activity engaged in for profit. Construction activity: A human -made activity, including without limitation, clearing, grading, excavation, constriction, and paving, that results in an earth change or disturbance in the existing cover or topography of land, including any modification or alteration of a site or the "footprint" of a building that results in an earth change or disturbance in the existing cover or topography of land. Director: The Director of the department designated by the City Manager to enforce and administer this article or the Director's designated representative. Discharge: Any addition or introduction of any pollutant, stormwater, or any other substance whatsoever into the municipal separate storm sewer system and/or into any body of water by depositing, conducting, draining, emitting, throwing, running, allowing to seep, or otherwise releasing or disposing of, or allowing, permitting, or suffering any of these acts or omissions. Erosion Control Plan: A drawing which clearly and legibly defines existing property lines, features and utilities, defines limits of proposed work, shows proposed constriction improvements and features, shows existing drainage patterns and facilities and specifies BMPs to be used including location, extent, type and constriction details. Facility: Any building, stricture, installation, process, or activity from which there is or may be a discharge of a pollutant. Final ,Stabilization: When all soil disturbing activities have been completed and a uniform (e.g. 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 or Page 5 of 23 equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. Industrial waste: Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade, or business. Large Construction Projects: Constriction projects including clearing, grading, and excavating that result in land disturbance of equal to or greater than five (5) acres of land. Large constriction projects also include 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. Large constriction projects do not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site. Municipal separate storm sewer system (MS 4): 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. National Pollutant Discharge Elimination System (NPDE,S): The permit program of the United State's Environmental Protection Agency, and/or the permit program of the state agency delegated to act on USEPA's behalf with an approved storm water program. NPDE,S General Permit for ,Storm Water Discharges Associated with Industrial Activity (or Industrial General Permit): The Industrial General Permit issued by USEPA and any subsequent modifications or amendments thereto. NPDE,S General Permit for ,Storm Water. Discharges from Construction Sites: The Constriction General Permit issued by USEPA on August 27, 1992 and any subsequent modifications or amendments thereto. NPDE,S permit: A permit issued by USEPA or by the State that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Nuisance: Any act or unlawful use of property which results in material annoyance, inconvenience, discomfort, or damage to another person or to the public. Page 6 of 23 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. Operator: The person or persons who, either individually or taken together, meet the following two criteria: (1). They have operational control over the facility specifications (including the ability to make modifications in specifications); and (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. Pollutant: Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. The term "pollutant' does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land or farm land. Qualified Personnel: A person who possesses the appropriate competence, skills, and ability (as demonstrated by sufficient education, training, experience, and when applicable, required certification and 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. Regulated Materials: Any material, including waste, regulated by the state and/or federal regulatory agencies including, but not limited to, oils, petroleum products, and vehicle fluids. Regulatory Authority: Any municipal officer or department of the city appointed by the City Manager to administer this article. Page 7 of 23 Release: Any intentional or unintentional spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm sewer system (MS4) or the waters of the United States, or where, unless the oil, hazardous substances, waste, or other substances are controlled or removed, the substance may drain, seep, run, or otherwise enter into the MS4 or waters of the United States. ,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. ,Small Construction Projects: Constriction projects including clearing, grading, and excavating that result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small constriction projects 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) acre and less than five (5) acres of land. Small constriction projects do not include 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-ways, and similar maintenance activities). ,State Regulatory Authority: The state's agencies that have the authority to adopt and enforce any environmental riles necessary to carry out its powers and duties under the laws of Texas. ,Stormtivater: Stormwater runoff, snow melt runoff, and surface runoff and drainage. ,Storm Water Pollution Prevention Plan (SWP3): A plan required by either the Constriction General Permit or the Industrial General Permit or any other permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in Stormwater discharges associated with constriction or other industrial activity at the facility. Texas Pollutant Discharge Elimination System (TPDE,S): The permit program of the State of Texas. User: Any owner, operator, contractor, renter, squatter or any other person who has control of property that has or may threaten to discharge liquids to the Municipal Separate Storm Sewer System. Page 8 of 23 Waste: Rejected, unutilized, or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wastetivater: Liquid and water -carried industrial wastes and sewage from residential dwellings, commercial buildings and/or operations, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are required to discharge to the publicly owned treatment works. Water: Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non -navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. Watercourse: Any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water which are delineated by the City of Coppell. 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. Waters of the United States: 1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all water which are subject to the ebb and flow of the tide; 2. All interstate waters including interstate wetlands; 3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; (iii) Which are used or could be used for industrial purposes by industries in interstate commerce; 4. All impoundments of waters otherwise defined as waters of the United States under this definition; 5. Tributaries of waters identified in paragraphs (s)(1) through (4) of this Section; 6. The territorial sea; 7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (s)(1) through (6) of this Section; waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds which also meet the criteria of this definition) are not waters of the United States. Page 9 of 23 Section 15-15-5. Allowable Non -Storm Water Discharges A. GENERAL 1. No person shall introduce or cause to be introduced into the MS4 any discharge that is not composed entirely of storm water, with the exception of those herein after listed, unless said activities are determined to be a nuisance, except as follows: a. Discharge authorized by, and in full compliance with, an NPDES/TPDES constriction or multi -sector industrial permits; b. Discharge or flow resulting from fire fighting activities by the Fire Department; C. Dechlorinated swimming pool discharges; d. Discharges from potable water sources; e. A discharge or flow from potable water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely impact aquatic life); f. Uncontaminated runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources that does not create a nuisance; g. Discharges from unpolluted pumped groundwater or rising groundwater; h. Unpolluted groundwater infiltration; i. Unpolluted discharge or flow from a foundation drain, crawl space pump, footing drain, or sump pump; j. Discharges from air conditioning condensation free of oils; lc. Discharges from individual residential vehicle washing; 1. Discharges from a riparian habitat or wetland; M. Stormwater runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any Page 10 of 23 other source of pollutant; n. Rising ground waters and springs; and/or diverted stream flows; o. Occasional discharges of vehicle wash water are allowable when generated strictly for the purpose of fundraising activities. Best management practices are encouraged to minimize pollution, including but not limited to; (1). remove all trash and debris before activity; (2). use soaps that are "non-toxic", "phosphate -free", or "biodegradable"; (3). refrain from using acid wheel cleaners or other toxic or harmful substances; (4). minimize the amount of soapy water entering the MS4 by shutting off water when not in use and washing on a grassy area or an area where the runoff will enter a grassy area; (5). emptying buckets of soapy water in sinks or toilets; (6). cleaning up the site after completing the activity. 2. Persons wishing to discharge water other than that listed under subsection (a) of this Section and not listed as a specific prohibition under Section 13-605, must file a written request to the Director five (5) days prior to the date of discharge that details the source of the discharge and the volume of the discharge. Written authorization must be obtained from the Director prior to discharge. B. Specific Prohibitions and Requirements 1. No user of the MS4 shall introduce or cause to be introduced into the MS4 any discharge that would result in or contribute to a violation of a water quality standard, the TPDES permit issued to the City, or any state -issued discharge permit for discharges from its MS4. 2. No person shall discharge any substance to the MS4 that is prohibited by the Clean Water Act, the Texas Water Code, or the Texas Administrative Code, as amended. Page 11 of 23 3. No person shall release any materials or otherwise introduce, cause, allow, or permit to be introduced any of the following substances into or that may reach the storm water drainage system, to wit: a. Any used motor oil, antifreeze, or any other motor vehicle fluid; b. Any regulated or industrial waste; Any hazardous waste, including household hazardous waste; d. Any domestic sewage or septic tank waste (from holding tanks such as vessels, chemical toilets, campers, or trailers), grease trap waste, or grit trap waste; Any wastewater from a commercial carwash facility; f. Any vehicle or equipment wash water from a commercial or industrial facility; g. Any use of power washing at a commercial facility that generates wastewater containing any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other cleaning substance, or any oils, grime, grit, dirt or substances resulting from the cleaning; h. Wastewater from the wash -down or other cleaning of any pavement where release of regulated material has occurred; Any discharge from water line disinfection by superchlorination; Any substance or material that will damage, block, or clog the MS4; k. Any discharge of solids or waste from soil boring, core drilling, or any other site investigative technique; Any discharge from gas well drilling, derrick washing, fracturing, or other activities relating to gas pipelines, compression stations, or gas well pad sites; M. Any paint or paint -related materials. Page 12 of 23 4. No person shall connect to the MS4 a line conveying domestic, commercial, or industrial sanitary sewage or wastewater. 5. No person shall introduce or cause to be introduced into the MS4 any sediment, silt, earth, soil, or other material associated with clearing, grading, excavation, filling, hauling, soil boring, core drilling, or other constriction activities. 6. No person shall introduce or cause to be introduced to the MS4 any sediment, unused ready mix concrete, mortar, asphalt, or other unused constriction materials or wash water associated with these materials. 7. No person shall introduce or cause to be introduced to the MS4 any sediment, dust, or other solid material from any activity not intended for outside disposal or accumulation. 8. No person shall use or store any solid waste, regulated waste, or hazardous waste or regulated waste in a manner that the material could enter the MS4. 9. No person shall cause or allow leaves, grass clippings, or other yard debris to enter into the street, inlet and the MS4. Fallen leaves in the street shall be properly disposed of and are the responsibility of the adjacent property owner. 10. No person may discharge or cause to be discharged water containing fertilizers, pesticides or herbicides to the MS4. 11. No person shall introduce or allow to be introduced into or upon any public or private property that drains or may drain to the MS4 any solid or semi-solid material, such as floatables, or discarded or abandoned objects, articles, and accumulations, on property whether or not it was generated, placed, stored, or located by the user of such materials in such a manner that causes the material to be transported by the wind, rain, or other atmospheric conditions into the MS4. 12. No person shall introduce non-native solids or liquids to the MS4 or to the Waters of the United States with the exception of those activities listed in Section 15-15-5 of this article. C. Construction Activity Prohibitions and Requirements Page 13 of 23 1. No person shall discharge stormwater associated with a constriction activity without first having obtained a TPDES permit to do so, when applicable. 2. No person shall discharge stormwater associated with a constriction activity without first having submitted a copy of the Notice of Intent (NOI) and/or a Constriction Site Notice (CSN) to the City, when applicable. 3. All persons must submit a copy of the Notice of Termination (NOT) to the City at the same time the person submits the NOT to the State Regulatory Agency (TCEQ). 4. Any person or operator of constriction sites shall use best management practices (BMPs) to control and reduce discharge to the City of sediment, silt, earth, soil, and other material associated with clearing, grading, excavation, filling, hauling and other constriction activities to the maximum extent practicable. Any person or operator shall install BMPs in compliance with the SWP3 and the approved erosion control plan. Any person or operator must maintain BMPs in effective working order in compliance with City Constriction Detail Standards and BMP standards supported by the Regional Council of Governments. 5. Any BMPs capable of installation and/or implementation shall be installed and/or implemented prior to the commencement of constriction at the site or in compliance with a schedule for installation and/or implementation in an applicable Storm Water Pollution Prevention Plan (SWP3) and approved erosion control plan. a. Ensure that existing vegetation is preserved where feasible and disturbed areas of the site are stabilized as soon as practicable where constriction activities have temporary or permanently ceased. Stabilization measures may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, and other appropriate measures. b. Prevention of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or waters of the United States. C. Minimization of the tracking of sediments off- site by vehicles, the generation of dust, and the escape of other windblown waste from the site. Page 14 of 23 d. Providing housekeeping measures to prevent and contain releases of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with constriction activities, and to assure proper cleanup and disposal of any such releases in compliance with state, federal, and local requirements. e. Implementation of proper waste disposal and waste management techniques, minimizing ground contact with hazardous chemicals and trash. f. Proper placement and maintenance of vegetation, erosion and sediment control measures and other best management practices to ensure good and effective working condition. g. Installation of structural BMPs must be completed prior to completion of the constriction process to control pollutants in stormwater discharges that will occur after constriction operations have been finalized. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but are not limited to, the following: stormwater detention strictures (including wet ponds), stormwater retention strictures, flow attenuation by use of open vegetative swales and natural depressions, other velocity dissipation devises, infiltration of runoff on site, and sequential systems which combine several practices. 6. Qualified personnel (provided by the operator of the constriction site) shall inspect all disturbed areas of the constriction site that have not been finally stabilized, areas used for storage of materials and staging of constriction that are exposed to precipitation, discharge locations, locations where vehicles enter or exit the constriction site, and structural controls for evidence of, or potential for, pollutants entering the MS4. All erosion and sediment control measures and other identified BMPs shall be inspected regularly for proper installation according to the SWP3 and erosion control plan. 7. Inspections must be conducted by qualified personnel at least every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater or once every 7 days regardless of storm events. These inspections are to be conducted as outlined in the SWP3. Inspection reports must be kept with the SWP3. Page 15 of 23 8. Any owner of a site of constriction activity, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements in this article. 9. Any contractor or subcontractor on a site of constriction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing BMP control measures, is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure. 10. All persons must comply with the requirements of the TPDES permit or approved erosion control plan issued to such person. 11. Any person or operator engaging in any land disturbing activity or any constriction activities shall prepare an Erosion Control Plan in accordance with the City Subdivision Ordinance and submit that Plan to the City for approval. This shall apply regardless of whether a person or operator is required to obtain a permit from the City or State Regulatory Agency in order to conduct such land disturbing or construction activity. 12. Any person or operator of sites of constriction activity, including clearing, grading, excavation, filling and hauling activities, that result in the disturbance of one (1) or more acres of total land area, or that are a part of a larger common plan of development or sale, where one (1) or more acres of total land area are disturbed, or those who are required to obtain a TPDES permit for stormwater discharges associated with constriction activities, shall comply with the measures listed in this section. a. Any person or operator who intends to obtain coverage for stormwater discharges for a large constriction project under the TPDES general permit for stormwater discharges shall submit a signed copy of the NOI and CSN to the City at least two (2) days prior to the commencement of constriction activities. b. A site-specific SWP3, prepared by the person or operator with appropriate notices issued as required by the state TPDES general permit, shall be kept on the constriction site at all times during the constriction and updated as needed to address changing conditions. The SWP3 shall include the City approved erosion control plan as part thereof. Page 16 of 23 C. The City may require submission of the SWP3 as currently amended at any time during the course of the constriction and the person or operator shall submit the SWP3 to the City within twenty-four (24) hours of the request. The City may notify the person or operator at any time the SWP3 does not meet the requirements of the Constriction General Permit for stormwater discharge from the constriction site, or any additional requirements imposed by or under this article, which are not being met by the SWP3. The person or operator shall make the required changes to the SWP3 within seven (7) calendar days of notification and submit to the City that the changes have been made and implemented. d. Operators of a small constriction site must submit a copy of the CSN to the City prior to beginning earth disturbing activities. e. The CSNs and NOI shall be posted and readily available for viewing by the general public, local, state, and federal authorities. f. Stabilization measures must be initiated as soon as practicable in portions of the constriction site where land disturbing activities have temporarily (for less than 24 hours) ceased. Stabilization measures that provide protective cover must be initiated as soon as practicable where land disturbing activities have permanently ceased. These measures must be initiated no more than fourteen (14) days after constriction activities have temporarily or permanently ceased (as described in the TPDES Permit). g. Final stabilization must be achieved and all temporary BMPs removed prior to filing the NOT with the State Regulatory Agency. The City may withhold occupancy or use permit for any premises constricted on site until such time the City has determined the site has met the final stabilization criteria described in this Article. h. Upon final stabilization of a large constriction project, the person or operator (or duly authorized representative thereof) shall submit a NOT to the State Regulatory Agency and submit a copy of the NOT to the City. Page 17 of 23 D. Post -Construction Requirements 1. The person or operator must ensure all temporary control measures for erosion control or other BMPs are removed once final stabilization has been achieved. 2. The person or operator must ensure all long-term operation and maintenance of post -constriction stormwater runoff control mechanisms, such as detention and retention basins, dry wells, and other measures as described in federal regulations. Section 15-15-6. Regulated Activities Associated with Facilities A. A user of the MS4 conducting industrial activity that has storm water discharges associated with industrial activity commits an offense if the user discharges, or causes to be discharged, storm water associated with industrial activity without having first obtained an NPDES or TPDES permit to do so. B. A person shall obtain coverage and submit to the city a copy of either a NOI to obtain coverage under the TPDES general or individual permit for industrial storm water, a No Exposure Certificate, or any other storm water permit. C. A copy of the NOI or the NEC application form shall be submitted to the city no later than 14 calendar days after filing the NOI or an NEC form with the State for such coverage. D. A copy of the individual TPDES permit shall be submitted to the city no later than 14 calendar days after the State signs the permit. E. A person commits an offense if the user is out of compliance with the facilities NOI, NEC, or SWP3. F. A person commits an offense if the user is out of compliance with the requirements of the NPDES or TPDES issued to such person. Section 15-15-7. Watercourse Protection Page 18 of 23 Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly impede the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned strictures within or adjacent to a watercourse, so that such strictures will not become a hazard to the use, function or physical integrity of the watercourse. Section 15-15-8. Releases A. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or 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 illegal discharges or pollutants discharging anywhere outside the building and/or into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup/remediation of such release immediately or within 15 minutes of the release. B. In the event of such a release of regulated materials said person shall immediately or within 15 minutes of the release notify the local, state, and federal regulatory authority of the occurrence via emergency dispatch services. Said person will make notification in conjunction with any state or federal environmental permit requirements. C. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the facility shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Section 15-15-9. Right of Entry The city's representative(s) shall have the right to enter the premises of any person to determine whether that person is in compliance with all requirements of this article. Persons shall allow inspecting or monitoring personnel ready access to all parts of the premises for the purposes of inspection, monitoring, records examination and copying, and the performance of any additional duties. Any information concerning a requirement under this article, including, but not limited to water testing Page 19 of 23 data, constriction records, state registrations, environmental and closure records, shall be made readily available upon request. A. Where security measures are in force which requires proper identification and clearance before entry into the premises, that person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city's representative will be permitted to enter without delay for the purposes of performing specific responsibilities. B . The city's representatives shall have the right to set up on any person's property such devices as are necessary to conduct monitoring of any person's operations. C. Unreasonable delays in allowing inspecting or monitoring personnel access to any person's premises shall be a violation of this article. Section 15-15-10. Punishment - For violations; Other Remedies A. Any person, firm, or corporation who violates any provision of this article or any permit issued under this article is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed two thousand dollars ($2,000.00) for violations of public health for each act of violation and for each day of violation. B. In addition to proceeding under authority of subsection (a) of this Section, the City is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article. C. The City may disconnect the water service for violation of this article. D. The City may issue a stop work order for violation of this article. Section 15-15-11. Remedies Nonexclusive The remedies provided for in this ordinance are not exclusive. The Regulatory Authority may take any, all, or any combination of the actions described in this article against a noncompliant user. Page 20 of 23 Section 15-15-12. Right of Revision The Regulatory Authority reserves the right to establish, by ordinance more stringent standards or requirements on discharges to the MS4 and by RCRA. Section 15-15-13. Search Warrants If the Regulatory Authority has been refused access to a building, stricture, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, 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 ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Regulatory Authority may seek issuance of a search warrant in accordance with law from the appropriate court. Section 15-15-14. Responsibility for Cleanup Costs, Damages A. Any person responsible for the depositing or discarding of any material prohibited by this article upon any sidewalk, alley, street, bridge, public passageway, drain, gutter, water body, MS4, or other public or private property shall be responsible for any costs associated with the cleaning up or removal and disposal of such materials. Such person shall also be responsible for reimbursing the City for any costs/damages incurred by the City. These costs/damages may include, but are not limited to, manpower, equipment, supplies, analytical costs, disposal costs, consultants, private contractors, street/utility repairs, and repairs to components of the MS4. The City Manager is hereby authorized to direct the City Attorney to file such claims, lawsuits, and/or liens as necessary to collect such costs/damages. B. The city or its agents shall have the right to enter any property and take immediate action to abate any threats to human health or the environment. Anytime the city or its agents abates a nuisance or violation of this article, the owner of such premise shall be responsible for any costs associated with said activities. Such person shall also be responsible for reimbursing the City for any costs/damages incurred by the City. Page 21 of 23 C . In the event that an owner shall have an emergency condition, the Fire Chief, the Director of Engineering, or their designees, may enter upon such premises and may do such work as necessary, or cause the same to be done, to abate the condition in order that the premises may comply with the requirements of this article. For the purposes of this Section, "emergency condition" shall be defined as any condition or conditions which are, or reasonably could be, an immediate threat to the health, safety or welfare of the citizens of the city or to the environment. A statement of the cost incurred by the City to abate such condition shall be mailed to the owner of the premises and such statement shall be paid within thirty (30) days of the date of the mailing of the statement of costs. Section 15-15-15. Administrative Liability A. No officer, agent, or employee of the City shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such person's duties under this article. B . Any suit brought against any officer, agent, or employee of the City as a result of any act required or permitted in this discharge of such duties under this article shall be defended by the City Attorney until the final determination of the proceedings therein. Section 15-15-16. Related Ordinances In addition to this ordinance the City of Coppell has other ordinances, regulations and standards and specifications directly or indirectly pertaining to drainage and storm sewer facilities and design requirements. These include but are not limited to the following: City of Coppell Zoning Ordinance; City of Coppell Subdivision Ordinance; City of Coppell Erosion and Sedimentation Control Ordinance; City of Coppell Park, Recreation and Open Space Master Plan; City Wide Storm Water Management Study; City of Coppell Comprehensive Plan, and related standards among others. Developers, builders, engineers, residents and others involved with new constriction, development or maintenance of lands in the City of Coppell should refer to these documents and to the Code of Ordinances of the City of Coppell, Texas for additional requirements and information concerning storm water drainage facilities." Page 22 of 23 SECTION 2. All ordinances of the City of Coppell 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. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 4. This ordinance shall take effect immediately from and after its passage and publication of the caption as required by law. DULY PASSED by the City Council of the City of Coppell, Texas, on the 01'N- day of , 2012. A T: HR STEL PETTI OS, CITY SEVRETARY ROBERT E. HAG"(, CITY ATTORNEY Page 23 of 23