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CP 2019-07-09City Council City of Coppell, Texas Meeting Agenda 255 E. Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers5:30 PMTuesday, July 9, 2019 KAREN HUNT MARK HILL Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 5:30 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 E. Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. A.Discussion regarding property east of MacArthur Boulevard and south of Starleaf Street. B.Discussion regarding property on Sanders Loop and Belt Line Road. Page 1 City of Coppell, Texas Printed on 7/5/2019 July 9, 2019City Council Meeting Agenda Section 551.071, Texas Government Code - Consultation with City Attorney and Section 551.089, Texas Government Code - Deliberation regarding Security Devices or Security Audits. C.Discussion regarding financial security. Section 551.076, Texas Government Code - Deliberation regarding Security Devices and Section 551.089, Texas Government Code - Deliberation regarding Security Devices or Security Audits. D.Discussion related to security devices. Section 551.071, Texas Government Code - Consultation with City Attorney. E.Discussion regarding existing litigation challenging Senate Bill 1152 and Senate Bill 1004. 3.Work Session (Open to the Public) 1st Floor Conference Room A.Discussion regarding agenda items. B.Report on City Council Vision 2040 subcommittees. C.Discussion regarding Street Maintenance Sales Tax election. D.Discussion regarding House Bill 2840. E.Discussion regarding camera equipment and software for Police Department. Vision 2040 Sub Committee Memo.pdf By-Laws Future Oriented Approach to Housing Task Force.pdf By-Laws Smart City Board.pdf Sales and Use Tax for Street Maintenance Memo.pdf Memo HB 2840.pdf Police Department Camera Memo.pdf Attachments: 4.Regular Session 5.Invocation 7:30 p.m. 6.Pledge of Allegiance 7.Presentation by Northlake College North Campus. 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of the minutes: June 11, 2019. Page 2 City of Coppell, Texas Printed on 7/5/2019 July 9, 2019City Council Meeting Agenda CM 2019-06-11.pdfAttachments: B.Consider approval of an Interlocal Agreement between the City of Coppell and the City of Grapevine for temporary animal control shelter services; and authorizing the Mayor to sign. MEMO Coppell-Grapevine Animal Services.pdf Agreement for Temporary Animal Sheltering Grapevine Coppell.pdf Attachments: C.Consider approval of the purchase of one 2019 Ford F250 Regular Cab truck from Sam Pack’s Five Star Ford, in the amount of $56,677.00, as budgeted in FY 18-19; and authorizing the City Manager to sign any necessary documents. AS Vehicle Memo.pdf AS Vehicle Quote.pdf Attachments: D.Consider approval authorizing the replacement of the Fire Training Room’s Audio-Visual Equipment by Whitlock in the amount not to exceed $70,000.00, as budgeted; and authorizing the City Manager to sign any necessary documents. Staff Memo - Fire Training AV Equipment Replacement.pdf Whitlock Proposal Fire Training Room.pdf Attachments: E.Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on Moore Road, north and south of Parkway Boulevard; and authorizing the Mayor to sign. No Parking Moore Road Memo.pdf No Parking Moore Road Exhibit.pdf No Parking Moore Road ORD.pdf Attachments: F.Consider approval of an engineering services agreement with Kimley-Horn Associates, Inc.; for the design of intersection improvements at various locations; at a not-to-exceed cost of $244,300.00; to be funded through IMF and a reimbursement resolution; and authorizing the City Manager to sign any necessary documents. Intersection Improvements Memo.pdf Intersection Improvements Exhibit.pdf Intersection Improvements Agreement.pdf Attachments: G.Consider approval of a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal storm water requirements; and authorizing the Mayor to sign. Stormwater Management Program Memo.pdf Stormwater Management Program.pdf Attachments: Page 3 City of Coppell, Texas Printed on 7/5/2019 July 9, 2019City Council Meeting Agenda Stormwater Management Program RES.pdf H.Consider approval of an Interlocal Agreement between the City of Coppell and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II storm water discharge compliance; and authorizing the Mayor to sign. Interlocal Agreement Memo.pdf Interlocal Agreement Exhibit.pdf Stormwater Management Program.pdf Stormwater Management Program Interlocal Agreement.pdf Attachments: End of Consent Agenda 10.PUBLIC HEARING: Consider approval of PD-299-C, Stacked Storage, zoning change request from C (Commercial) to PD-299-C (Planned Development-299- Commercial) to allow 5,100 square feet of office and 17,000 square feet of storage area, with a maximum building height of 35’ on 2.7 acres of property located at the northeast corner of SH 121 and Coppell Road, and to amend the Land Use Map of the Coppell 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” at the request of Michael Cole, Stacked Storage. Council cover memo.pdf Building Elevations.pdf Land Use Plan Amendment.pdf Landscape Plan.pdf Renderings, Screening Wall Elevation and Monument Sign.pdf Site Plan.pdf Staff Report.pdf Tree Mitigation Plan.pdf Attachments: 11.PUBLIC HEARING: Consider approval of PD-209R2R-C, Town Oaks Centre (Biscuit Bar), zoning change request from PD-209R2-C (Planned Development-209-Revision 2-Commercial) to PD-209R2R-C (Planned Development-209-Revision 2 Revised-Commercial) to allow the re-occupancy of an existing vacant restaurant building requiring variances to the Zoning Ordinance including: the expansion of an outdoor patio area encroaching into the required setback area, five parking space deficit and sign variances on 0.57 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road, at the request of Alen Hinckley, being represented by Janie Burkett, The Biscuit Bar. Cover Memo.pdf Staff Report.pdf Attachments: Page 4 City of Coppell, Texas Printed on 7/5/2019 July 9, 2019City Council Meeting Agenda Site Plan.pdf Exterior Elevations.pdf Sign Package.pdf 12.PUBLIC HEARING: Consider approval of PD-224R2-HC, Northlake College, a zoning change request from PD-224R-HC (Planned Development 224 Revised-Highway Commercial) to PD-224R2-HC (Planned Development 224 Revision 2-Highway Commercial), to revise the Concept Master Plan and attach a Detail Site Plan to permit a 146,655 square foot building addition and associated variances on approximately 34.8 acres located at 101 S. Royal Lane, at the request of Dallas County Community College District, being represented by Scott Wegener, Beck Architecture. Council cover memo.pdf Staff Report.pdf Narrative.pdf Conceptual Master Plan.pdf Detail Site Plan.pdf Landscape Plan.pdf Tree Survey.pdf Elevations and Rendering.pdf Material Board.pdf Attachments: 13.City Manager Reports - Project Updates and Future Agendas 14.Mayor and Council Reports Report by the City Council on recent and upcoming events. 15.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 16.Necessary Action from Executive Session 17.Adjournment ________________________ Karen Selbo Hunt, Mayor Page 5 City of Coppell, Texas Printed on 7/5/2019 July 9, 2019City Council Meeting Agenda CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 5th day of July, 2019, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals makes requests for these services forty-eight (48) hours ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Kori Konon, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Page 6 City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4596 File ID: Type: Status: 2018-4596 Agenda Item Executive Session 1Version: Reference: In Control: City Council 06/29/2019File Created: Final Action: Exec - MacArthur/StarleafFile Name: Title: Discussion regarding property east of MacArthur Boulevard and south of Starleaf Street. Notes: Agenda Date: 07/09/2019 Agenda Number: A. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4596 Title Discussion regarding property east of MacArthur Boulevard and south of Starleaf Street. Summary Page 1City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4597 File ID: Type: Status: 2018-4597 Agenda Item Executive Session 1Version: Reference: In Control: City Council 06/30/2019File Created: Final Action: Exec - Sanders Loop/BeltlineFile Name: Title: Discussion regarding property on Sanders Loop and Belt Line Road. Notes: Agenda Date: 07/09/2019 Agenda Number: B. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4597 Title Discussion regarding property on Sanders Loop and Belt Line Road. Summary Page 1City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4603 File ID: Type: Status: 2018-4603 Agenda Item Executive Session 1Version: Reference: In Control: City Council 07/01/2019File Created: Final Action: Financial SecurityFile Name: Title: Discussion regarding financial security. Notes: Agenda Date: 07/09/2019 Agenda Number: C. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4603 Title Discussion regarding financial security. Summary Page 1City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4598 File ID: Type: Status: 2018-4598 Agenda Item Executive Session 1Version: Reference: In Control: City Council 06/30/2019File Created: Final Action: Discussion related to security devicesFile Name: Title: Discussion related to security devices. Notes: Agenda Date: 07/09/2019 Agenda Number: D. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4598 Title Discussion related to security devices. Summary Page 1City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4602 File ID: Type: Status: 2018-4602 Agenda Item Executive Session 1Version: Reference: In Control: City Council 07/01/2019File Created: Final Action: Exec. Consul. with CAFile Name: Title: Discussion regarding existing litigation challenging Senate Bill 1152 and Senate Bill 1004. Notes: Agenda Date: 07/09/2019 Agenda Number: E. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4602 Title Discussion regarding existing litigation challenging Senate Bill 1152 and Senate Bill 1004. Summary Page 1City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4595 File ID: Type: Status: 2018-4595 Agenda Item Work Session 1Version: Reference: In Control: City Council 06/29/2019File Created: Final Action: WKS 7/9File Name: Title: A.Discussion regarding agenda items. B.Report on City Council Vision 2040 subcommittees. C.Discussion regarding Street Maintenance Sales Tax election. D.Discussion regarding House Bill 2840. E.Discussion regarding camera equipment and software for Police Department. Notes: Agenda Date: 07/09/2019 Agenda Number: Sponsors: Enactment Date: Vision 2040 Sub Committee Memo.pdf, By-Laws Future Oriented Approach to Housing Task Force.pdf, By-Laws Smart City Board.pdf, Sales and Use Tax for Street Maintenance Memo.pdf, Memo HB 2840.pdf, Police Department Camera Memo.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4595 Title A.Discussion regarding agenda items. B.Report on City Council Vision 2040 subcommittees. C.Discussion regarding Street Maintenance Sales Tax election. D.Discussion regarding House Bill 2840. E.Discussion regarding camera equipment and software for Police Department. Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4595) Summary Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To:Mayor and City Council Through:Mike Land, City Manager From:Traci E. Leach, Deputy City Manager Date:July 9, 2019 Reference:Vision 2040 Council Sub-Committee reports Introduction: With the adoption of the Vision 2040 Strategic Pillars and goals, the Council identified two priority pillars to further discuss using a citizen task force- Pillar 4 Future Oriented Approach to residential Housing and Pillar 7 Smart City Approach to Resource Management. Two sub-committees of Council members were identified to discuss the charge for each of the respective task forces and bring back recommendations for full Council discussion. Both sub-committees are prepared to discuss their recommendations. Background: The Vision 2040 Strategic Plan includes seven pillars around which high-level goals were identified to support each pillar. The plan was created by a robust community engagement process that spanned approximately nine months and culminated in the acceptance of the plan and approval of the pillars and goals on April 23, 2019. Analysis: The task forces will provide a vehicle for interested community members to have an opportunity to continue the discussion around these two important issues. The goal is to have full Council consensus regarding both task forces so that they can be included in the call for volunteers that the City utilizes to fill places on City Boards and Commissions. Legal: N/A. Fiscal Impact: None. Recommendation: None. BYLAWS OF FUTURE ORIENTED APPROACH TO RESIDENTIAL DEVELOPMENT TASK FORCE ARTICLE I NAME The name of the organization shall be the Future Oriented Approach to Residential Development Task Force, herein referred to as “the Task Force”. ARTICLE II INTENT SECTION 1:The Task Force shall act in an advisory capacity to the City Council. ARTICLE III OFFICERS SECTION 1:The Chairperson, Vice-Chairperson shall be elected during the January Task Force meeting each year for a one (1) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson, the Chairperson shall appoint a Task Force member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2:The Chairperson shall preside at all meetings of the Task Force. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Task Force shall elect a Chair-Pro Tem. SECTION 3: The Recording Secretary of the Task Force shall be a staff member named by the City Manager or their designee. The Recording Secretary shall prepare and maintain minutes of all Task Force meetings. ARTICLE IV MEMBERS SECTION 1:The Task Force shall be composed of seven (7) regular members appointed by City Council in November, each of which shall be appointed for two-year terms. Each member shall be a qualified voter in the City and shall have been a resident of the City for at least twelve (12) months preceding the date of appointment. Members shall be appointed by City Council in accordance with the rules and regulations governing Board appointments. SECTION 2:City staff liaison for this Task Force shall include a representative(s) from the Community Development Department. ARTICLE V MEETINGS SECTION 1:Regular quarterly meetings of the Task Force will be held on the first Wednesday of each quarter at 6:00 p.m. in the Second Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas, unless otherwise designated. The Task Force shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Task Force or at the request of the City Council. SECTION 2:The order of business for each meeting shall be as contained in an agenda prepared by the Community Development Director or designated representative and the Task Force Chairperson. Any Task Force member or citizen of Coppell may submit items to the Chairperson or Community Development Director to be considered for the agenda. SECTION 3:All meetings require a quorum of four (4) voting members. A voting member is defined as a regular member who has been appointed by Council. SECTION 4: Four (4) voting members of the Task Force shall constitute a quorum for the purpose of transaction of business, and no action of the Task Force shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Task Force unless otherwise authorized by the laws of the State of Texas. SECTION 5:All meetings of the Task Force shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6:The Task Force shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. SECTION 7:If a regular Task Force member is absent for three (3) consecutive regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12-month period, said member shall be removed from the Task Force, and the City Council shall fill the unexpired term. SECTION 8: Should any member of the Task Force choose to abstain from voting on any question before the Task Force, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Task Force in the official minutes of the Task Force. ARTICLE VI POWERS AND DUTIES SECTION 1:The Task Force shall have the following powers and perform the following duties: A. Abide by applicable ordinances of the City of Coppell and follow the rules and regulations prescribed by the City Council for the conduct of its business. B. Adopt bylaws governing task force actions, proceedings and deliberations, subject to approval by the City Council. C. Act in an advisory capacity to the City Council, City Manager and Community Development Director in matters pertaining to the future of residential development. D. Promote the pillars and goals of the Vision 2040 Plan adopted by City Council and cooperate with other governmental agencies and civic groups in the advancement of these pillars and goals. E. Receive suggestions and recommendations from citizens relating to housing options. F. Review the potential for future housing options with the Community Development Director. G. Provide assistance for on-going housing needs to meet the goals of the Vision 2040 plan. H.Unless deferred, provide an annual report to the City Council regarding its goals and objectives and its input for future housing options. ARTICLE VII AMENDMENT SECTION 1: These bylaws may be amended only by majority vote of the members of the Task Force, and approval of the City Council. BYLAWS OF SMART CITY BOARD ARTICLE I NAME The name of the organization shall be the Smart City Board, herein referred to as “the Board”. ARTICLE II INTENT SECTION 1:The Board shall act in an advisory capacity to the City Council. ARTICLE III OFFICERS SECTION 1:The Chairperson, Vice-Chairperson shall be elected during the January Board meeting each year for a one (1) year term. In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall assume the duties of the Chairperson. In the event of a vacancy in the office of the Vice-Chairperson, the Chairperson shall appoint a Board member to temporarily assume the duties of that office until the next regular meeting at which time an election will be held to fill such vacancy. SECTION 2:The Chairperson shall preside at all meetings of the Board. In the absence of the Chairperson, the Vice-Chairperson shall preside. In the absence of both the Chairperson and the Vice-Chairperson, the Board shall elect a Chair-Pro Tem. SECTION 3: The Recording Secretary of the Board shall be a staff member named by the City Manager or their designee. The Recording Secretary shall prepare and maintain minutes of all Board meetings. ARTICLE IV MEMBERS SECTION 1:The Board shall be composed of seven (7) regular members appointed by City Council in November, each of which shall be appointed for two-year terms. Each member shall be a qualified voter in the City and shall have been a resident of the City for at least twelve (12) months preceding the date of appointment. Members shall be appointed by City Council in accordance with the rules and regulations governing Board appointments. SECTION 2: City staff liaisons for this Board shall include representative(s) from Enterprise Solutions Department and Public Works Department. Staff liaison(s) shall not be a voting member of the Board and shall not count towards a quorum. SECTION 3: The City Council may designate a Council liaison to attend meetings of the Board. The Council liaison shall not be a voting member of the Board and shall not count towards a quorum. ARTICLE V MEETINGS SECTION 1:Regular quarterly meetings of the Board will be held in the Second Floor Conference Room of Town Center, 255 Parkway Boulevard, Coppell, Texas, unless otherwise designated. The Board shall hold such special meetings as shall be called by the Chairperson or upon written request of at least two (2) members of the Board or at the request of the City Council. SECTION 2:The order of business for each meeting shall be as contained in an agenda prepared by the Board Chairperson or designated representative. Any Board member or citizen of Coppell may submit items to the Chairperson to be considered for the agenda. SECTION 3:All meetings require a quorum of four (4) voting members. A voting member is defined as a regular member who has been appointed by Council. SECTION 4: Four (4) voting members of the Board shall constitute a quorum for the purpose of transaction of business, and no action of the Board shall be valid or binding unless adopted by an affirmative vote of four (4) or more members of the Board unless otherwise authorized by the laws of the State of Texas. SECTION 5:All meetings of the Board shall be open to the public unless otherwise permitted by law and shall be subject to the Open Meetings Act. SECTION 6:The Board shall submit to the City Council a copy of the minutes of each regular and special meeting with a list of any members absent from such meetings. SECTION 7:If a regular Board member is absent for three (3) consecutive regularly scheduled meetings, or 25% of the regularly scheduled meetings within a 12-month period, said member shall be removed from the Board, and the City Council shall fill the unexpired term. SECTION 8: Should any member of the Board choose to abstain from voting on any question before the Board, where no declared conflict of interest exists, the abstention shall be recorded as an affirmative vote in favor of the motion pending before the Board in the official minutes of the Board. ARTICLE VI POWERS AND DUTIES SECTION 1: The Board shall have the following powers and perform the following duties: A. Abide by applicable ordinances of the City of Coppell and follow the rules and regulations prescribed by the City Council for the conduct of its business. B. Adopt bylaws governing Board actions, proceedings and deliberations, subject to approval by the City Council. C. Act in an advisory capacity to the City Council, City Manager, and Enterprise Solutions/Public Works staff in matters pertaining to technology related to Vision 2040. D. Promote the pillars and goals of the Vision 2040 Plan adopted by City Council and cooperate with other governmental agencies and civic groups in the advancement of these pillars and goals. E. Receive suggestions and recommendations from citizens and industry leaders relating to technology trends and best practices. F. Maintain and represent a forward-thinking viewpoint, perspective, and approach. G. Provide assistance and subject matter expertise for on-going technology needs to meet the goals of the Vision 2040 plan. MEMORANDUM To: Mayor and City Council From: Christel Pettinos, City Secretary Date: July 9, 2019 Reference: Discussion regarding Street Maintenance Sales Tax election. Introduction: A discussion will be provided on the upcoming re-authorization of the Sales and Use Tax for Street Maintenance scheduled for the November 5th General Election. The ordering of the election is scheduled to come before the City Council on the July 23rd agenda. Analysis: Past elections have greatly shown the support of the Coppell residents for street infrastructure maintenance. In 2007, 63% of the Coppell voters initially voted in favor of the adoption of the Sales and Use Tax for Street Maintenance. In 2011, 72% of the voters re-authorized the continued collection, and in 2015, 83% of the Coppell voters supported the continued collection. The last day to order the election is August 19, 2019. The last day to register to vote is October 7, 2019. Early voting will be held October 21-November 1, 2019. Election Day is November 5, 2019. MEMORANDUM To: Mike Land, City Manager From: Christel Pettinos, City Secretary Date: July 9, 2019 Reference: Discussion regarding HB 2840 Introduction: House Bill 2840 relates to the right of a member of the public to address the governing body of a political subdivision at the open meeting of the body. The purpose of this bill was directed towards the entities that did not have a public forum item on their agenda or only allowed the public to speak at the end of the meeting. Analysis: Coppell has a Citizens’ Appearance portion at all Council and Board meetings and is therefore unaffected by this bill. There is a two-minute restriction in place when an individual is speaking, with an additional two minute availability should the Council or Board permit. The individual may speak on anything they wish, except the public hearing, which allows for the commentary during the presented item. Fiscal Impact: None Legal Review: This item was discussed with Bob Hager on 6/21/19. MEMORANDUM To: Mayor and City Council From: Chief Danny Barton Date: July 9 , 2019 Reference: Discussion regarding camera equipment and software for Police Department. An update will be provided on the recommended change of system for camera equipment and software for the Police Department. This item is scheduled to come before the City Council on a future agenda. Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4601 File ID: Type: Status: 2018-4601 Agenda Item Presentations 1Version: Reference: In Control: City Council 06/30/2019File Created: Final Action: Northlake College PresentationFile Name: Title: Presentation by Northlake College North Campus. Notes: Agenda Date: 07/09/2019 Agenda Number: 7. Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4601 Title Presentation by Northlake College North Campus. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4601) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/5/2019 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4599 File ID: Type: Status: 2018-4599 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 06/30/2019File Created: Final Action: Minutes 6/11File Name: Title: Consider approval of the minutes: June 11, 2019. Notes: Agenda Date: 07/09/2019 Agenda Number: A. Sponsors: Enactment Date: CM 2019-06-11.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4599 Title Consider approval of the minutes: June 11, 2019. Summary Page 1City of Coppell, Texas Printed on 7/5/2019 255 E. Parkway Boulevard Coppell, Texas 75019-9478 City of Coppell, Texas Minutes City Council 5:30 PM Council ChambersTuesday, June 11, 2019 KAREN HUNT CLIFF LONG Mayor Mayor Pro Tem BRIANNA HINOJOSA-SMITH NANCY YINGLING Place 2 Place 5 WES MAYS BIJU MATHEW Place 3 Place 6 GARY RODEN MARK HILL Place 4 Place 7 MIKE LAND City Manager Karen Hunt;Cliff Long;Brianna Hinojosa-Smith;Wes Mays;Gary Roden;Biju Mathew and Mark Hill Present 7 - Nancy YinglingAbsent1 - Also present were City Manager Mike Land, Deputy City Managers Traci Leach and Vicki Chiavetta, Deputy City Secretary Ashley Owens, and City Attorney Bob Hager. The City Council of the City of Coppell met in Regular Session on Tuesday, June 11, 2019 at 5:30 p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. The purpose of the meeting is to consider the following items: Call to Order1. Mayor Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5:40 p.m. Executive Session (Closed to the Public) 1st Floor Conference Room2. Section 551.074, Texas Government Code - Personnel Matters. Update on Municipal Court Judges’ performance progress. Page 1City of Coppell, Texas June 11, 2019City Council Minutes Discussed under Executive Session Work Session (Open to the Public) 1st Floor Conference Room3. Mayor Hunt adjourned the Executive Session at 6:01 p.m. and convened into the Work Session. A.Discussion regarding agenda items. B.Discussion regarding Service Organization FY 19-20 requests. C.Discussion regarding Mayor Pro Tem appointment. D.Discussion regarding Council Committee assignments. E.Discussion regarding Workforce Transit. F.Discussion regarding fee changes for residential additions, alterations, and repairs. G.Discussion regarding Red Light Cameras status. H.Discussion regarding District Attorney’s policies. Presented in Work Session. Item E was not presented in Work Session. Regular Session3. Mayor Hunt recessed the Work Session at 7:00 p.m. and reconvened into the Regular Session at 7:30 p.m. Invocation 7:30 p.m.4. Pastor Jeff Spangler with Generate Life Church gave the Invocation. Pledge of Allegiance5. Mayor Hunt and the City Council led those present in the Pledge of Allegiance. 6.Consider approval of a Proclamation naming June 28, 2019, as “Marcie Diamond Appreciation Day;” and authorizing the Mayor to sign. Mayor Hunt read the proclamation into the record and presented the same to Assistant Director of Community Development/Planning Marcie Diamond. A motion was made by Councilmember Gary Roden, seconded by Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved. The motion passed by an unanimous vote. 7.Consider approval of a Proclamation naming the month of July as “Parks and Recreation Month;” and authorizing the Mayor to sign. Mayor Hunt read the proclamation into the record and presented the same to Marketing Coordinator Lilia Gans. A motion was made by Councilmember Wes Mays, seconded by Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved. Page 2City of Coppell, Texas June 11, 2019City Council Minutes The motion passed by an unanimous vote. 8.Graduation Ceremony for Leadership Coppell 2019. Mayor Hunt and Chief Communication Strategist Hannah Cook presented certificates to the graduating class of Leadership Coppell 2019. Citizens’ Appearance9. Mayor Hunt advised that no one signed up to speak. Consent Agenda10. A.Consider approval of the minutes: May 28, 2019. A motion was made by Councilmember Wes Mays, seconded by Councilmember Mark Hill, that Consent Agenda Items A-C be approved, with a correction on Consent Agenda Item C for the number of sirens to read two instead of one. The motion passed by an unanimous vote. B.Consider approval of an Ordinance for a zoning change to S-1244R-LI (Special Use Permit-1244 Revised -Light Industrial), to approve a revised site and landscape plans and building elevations for the expansion of the Rolling Oaks Memorial Center, including buildings, plots and Mausoleum; and authorizing the Mayor to sign. A motion was made by Councilmember Wes Mays, seconded by Councilmember Mark Hill, that Consent Agenda Items A-C be approved, with a correction on Consent Agenda Item C for the number of sirens to read two instead of one. The motion passed by an unanimous vote. Enactment No: OR 91500-A-743 C.Consider approval authorizing a purchase order for one outdoor warning siren in addition to upgrading the entire outdoor warning system from Joe Goddard Enterprises LLC for the Emergency Management Division of the Fire Department, in the amount not to exceed $100,146.00; and authorizing the City Manager to sign any necessary documents. A motion was made by Councilmember Wes Mays, seconded by Councilmember Mark Hill, that Consent Agenda Items A-C be approved, with a correction on Consent Agenda Item C for the number of sirens to read two instead of one. The motion passed by an unanimous vote. End of Consent Agenda 11.Consider approval of a Resolution amending all permit fees for residential additions, alterations and repairs as found in the Master Fee Schedule as it relates to Chapter 15, Coppell Code of Ordinances; and authorizing the Mayor to sign. Presentation: Suzanne Arnold, Chief Building Official, made a presentation to Page 3City of Coppell, Texas June 11, 2019City Council Minutes the City Council. A motion was made by Councilmember Mark Hill, seconded by Councilmember Brianna Hinojosa-Smith, that this Agenda Item be approved. The motion passed by an unanimous vote. Enactment No: RE 2019-0611.1 12.Consider approval of an amendment to the Online Business Systems agreement, dated August 1, 2017, to add an additional four months of Discovery Services for Phase 3 - Asset Management in the amount of $115,000; and authorizing the City Manager to sign any necessary documents. Presentation: Jennifer Miller, Director of Finance, made a presentation to the City Council. A motion was made by Mayor Pro Tem Cliff Long, seconded by Councilmember Wes Mays, that this Agenda Item be approved. The motion passed by an unanimous vote. 13.Consider appointment of Mayor Pro Tem as required by Section 3.05 of the Home Rule Charter. A motion was made by Mayor Pro Tem Cliff Long to nominate Councilmember Mark Hill as the next Mayor Pro Tem, seconded by Councilmember Biju Mathew. The motion passed by an unanimous vote. 14.PUBLIC HEARING: Consider approval of a Resolution granting a variance of one hundred (100') feet to Kelly’s Texican, from the 300-foot prohibited requirement for the sale of alcoholic beverages, with a business address being 110 W. Sandy Lake Road, Suite 150; and authorizing the Mayor to sign. Presentation: Ashley Owens, Deputy City Secretary, made a presentation to the City Council. Lawrence Kelly, Owner, was present to answer questions or concerns of the City Council. Mayor Hunt opened the Public Hearing and advised that no one signed up to speak. A motion was made by Councilmember Brianna Hinojosa-Smith, seconded by Councilmember Biju Mathew, to close the Public Hearing and approve this agenda item. The motion passed by an unanimous vote. City Manager Reports - Project Updates and Future Agendas15. City Manager Mike Land reminded Mayor and City Council that there will not be a 2nd meeting in June. The railroad crossings at MacArthur Boulevard and Royal Lane will be worked on by Fort Worth & Western Railroad from June 21st through June 23rd Page 4City of Coppell, Texas June 11, 2019City Council Minutes beginning at 9 am to 5 pm. Avoid the areas if you can. Construction on Freeport Parkway is continuing at Southwestern and Dividend. Storm Debris pickup will begin on June 17th. Brush trees and tree trimmings will be picked up according to their normal schedule as well as their requirements for pickup. Due to the storm, large debris must be placed in front of right of way by 7 AM on Monday. Anything weighing more than 50 lbs. must be placed in the front right of way, not in the back alley. Construction on Parkway Boulevard is continuing with the northside traffic switch. The switch to the southside will happen later in the summer. The City of Coppell received the Distinguished Budget Award. This is the 10th year in a row that the City has been recognized. Mayor and Council Reports16. Report by the City Council on recent and upcoming events. A. Coffee with Cops is on June 22nd beginning at 8:30 a.m. at George Coffee and Provisions, 462 Houston Street in Old Town Coppell. Come join the Coppell PD Command Staff and officers for a free cup of coffee and conversation. B. Celebrate Coppell: Party in the Park is Saturday, June 29th from 5 PM to 11 PM at Andy Brown Park East. Celebrate our nation’s independence with a full day of fun activities for all ages! Race through an inflatable obstacle course, scale the giant rock wall, and feel the wind on your cheeks as you rush down a large zip line. The Jordan Kahn Orchestra will take the main stage at 8:30 PM. Stick around after the performance and activities as we light up the night! The festive fireworks show is specially designed and orchestrated. The display is scheduled to start after sunset at approximately 9:30 PM. C. The City’s annual Celebrate Coppell: Parade Down Parkway will begin at 9 AM on Thursday, July 4. Wear your red, white, and blue and find a spot along the parade route to watch as all the floats pass by! The parade route begins on Samuel Blvd, proceeds west on Parkway Blvd, and ends at Town Center. Intersections along the parade route will be closed beginning at 8:50 AM and remain closed until all floats have passed. D. Interested citizens are invited to attend a Public Hearing and Budget Workshop on Monday, July 8, 2019, beginning at 6 pm in the 2nd Floor Conference Room at 255 Parkway Boulevard. The Public Hearing will discuss the Crime Control and Prevention District budget and begin promptly at 6 pm. The Budget Workshop will begin immediately following the Public Hearing and will discuss Service Organizations, the Water and Sewer Fund, and Special Revenue Funds. Please contact Cayce Lay, Budget Manager, at clay@coppelltx.gov or 972-304-3690 for more information. E. Reminder that there is only one City Council meeting in June. The next meeting is on July 9th. Page 5City of Coppell, Texas June 11, 2019City Council Minutes Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. 17. A.NCTCOG - Councilmember Wes Mays B.North Texas Commission - Councilmember Nancy Yingling C.Historical Society - Mayor Pro Tem Cliff Long A. Councilmember Wes Mays announced that the NCTCOG General Assembly meeting will be held on June 14th, from 12 p.m. to 1:30 p.m., at the Hurst Conference Center. The organization will provide updates on projects that are in process. B. Mayor Karen Hunt informed the Council that the North Texas Commission is wrapping up projects from the recent Legislative Session and looking forward to the summer break. C. Councilmember Long announced that the Historical Society will be taking a summer hiatus for the months of June and July. There will be an Open House at the Kirkland House on the 2nd Saturday of July and the 2nd Saturday of August from 10 AM to 12 PM. Free snowcones will be served. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. 18. Nothing to report. Necessary Action from Executive Session19. Nothing to report. Adjournment20. There being no further business before the City Council, the meeting was adjourned at 8:09 p.m. ______________________________ Karen Selbo Hunt, Mayor ATTEST: ______________________________ Ashley Owens, Deputy City Secretary Page 6City of Coppell, Texas Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4552 File ID: Type: Status: 2018-4552 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 05/20/2019File Created: Final Action: ILA - Animal Services/GrapevineFile Name: Title: Consider approval of an Interlocal Agreement between the City of Coppell and the City of Grapevine for temporary animal control shelter services; and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2019 Agenda Number: B. Sponsors: Enactment Date: MEMO Coppell-Grapevine Animal Services.pdf, Agreement for Temporary Animal Sheltering Grapevine Coppell.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4552 Title Consider approval of an Interlocal Agreement between the City of Coppell and the City of Grapevine for temporary animal control shelter services; and authorizing the Mayor to sign. Summary Fiscal Impact: The impact of this Interlocal Agreement will be minimal. Staff Recommendation: [Enter Staff Recommendation Here] Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4552) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Danny Barton, Chief of Police Date: June 11, 2019 Reference: Consideration of approval of an Interlocal Agreement between the City of Coppell and the City of Grapevine to provide temporary Animal Shelter services for the City of Grapevine while their Animal Shelter facility is remodeled. 2030: Sustainable City Government Strategy Introduction: The City of Grapevine is preparing to renovate their existing animal shelter facility. Their facility will be unavailable during construction, so they have requested to temporarily utilize the Coppell Animal Services facility for housing domestic animals. In July 2016, the City of Grapevine provided temporary sheltering facilities for Coppell animals for seven months while our shelter was remodeled utilizing a similar interlocal agreement. Analysis: This agreement is for a one-year term, limited to housing of animals from Grapevine; Coppell Animal Services employees will not engage in any enforcement/animal capture services in Grapevine. The Coppell Animal Services facility will accept stray and owner-relinquished domestic animals from Grapevine. The animals will be held/released, in accordance with the Coppell Code of Ordinances. Fiscal Impact: Grapevine will be responsible for food and veterinary service costs, including transportation, for animals originating from Grapevine. In case of emergency animal care needs for any Grapevine animal in the Coppell Shelter, Coppell Animal Services has the authority to make emergency medical decisions and medical cost coverage will be determined between the Cities afterwards. Coppell will collect, retain, and account for all fees that may be collected related to Grapevine animals, including but not limited to, impound fees, boarding fees, adoption fees, euthanasia fees, disposal fees, and surrender fees, which will be established by the City of Coppell. Grapevine will also provide an employee to work 40 hours at the Coppell Animal Services facility. Legal Review: Agenda item was reviewed by City Attorney Robert Hager. Recommendation: The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in Sustainable City Government Strategy. As such, staff recommends City Council approval for Coppell to enter into an interlocal agreement with the City of Grapevine to provide temporary housing facilities for domestic animals with costs to be reimbursed by the City of Grapevine and authorizing the Mayor to sign.   1 | Page    THE STATE OF TEXAS COUNTIES OF DALLAS AND TARRANT AGREEMENT FOR TEMPORARY ANIMAL CONTROL SHELTER SERVICES This Agreement for Temporary Animal Control Shelter Services (“Agreement”) is made and entered into by and between the City of Coppell, Texas (“Coppell”) and the City of Grapevine (“Grapevine”) (sometimes individually referred to as “Party” or collectively referred to as “Parties”), acting by and through their respective authorized officers. WITNESSETH: WHEARAS, Coppell and Grapevine are authorized to provide animal shelter services pursuant to the Texas Health and Safety Code; and WHEARAS, the City of Coppell has agreed to provide temporary animal shelter services during the construction of the City of Grapevine’s Animal Shelter; WHEARAS, the Parties seek to set forth in this Agreement their respective obligations, responsibilities, and duties regarding certain animal control and animal shelter services; NOW THEREFORE, Article I Definitions Wherever used in this Agreement, the following terms shall have the meaning ascribed to them: “Animal Shelter” shall mean the Coppell Animal Shelter located at 821 South Coppell Road Coppell, Texas 75019. “Coppell” shall mean the City of Coppell, a Texas home rule municipal government. “Effective Date” shall mean the last date of execution hereof. “Grapevine” shall mean the City of Grapevine, a Texas home rule municipal government. “Force Majeure” shall mean any contingency or cause beyond the reasonable control of a Party, as applicable, including, without limitations, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action or inaction (unless caused by negligence or omissions of such Party), fires, explosions, floods, strikes, slowdowns or work stoppages, shortage of materials or labor.   2 | Page    Article II Term 2.1 The Term of this Agreement shall be for a period of three hundred and sixty-five (365) days, commencing on the latter of the last date all Parties have executed this Agreement (“Effective Date”), or the initiations of Grapevine Animal Services construction. 2.2 This Agreement will automatically renew, at the conclusion of the initial three hundred and sixty-five (365) day period, for an additional three hundred and sixty-five (365) days, without intervention by either party. Automatic renewal of this agreement assumes need of services exist and parties mutually agree to renew agreement. Article III Scope of Coppell Services 3.1 Coppell agrees to provide the following Animal Shelter Services for Grapevine: A. Coppell Animal Shelter will accept stray and owner relinquished domestic animals from Grapevine, and such animals will be held and/or released, in accordance with Chapter 9-1 of the Coppell Code of Ordinances, including any animal declared to be a dangerous animal according to the procedures established by Grapevine and any court of competent jurisdiction. B. The personnel of Coppell Animal Shelter will determine the disposition of all impounded animals including performance of euthanasia of domestic animals as deemed necessary by Coppell Animal Services. C. Coppell agrees to provide Grapevine a monthly report detailing the services provided by Coppell for Grapevine, including, but not limited to, number and type of intake for each animal admitted from Grapevine and the number and type of outcome for each animal admitted from Grapevine. E. Provide such other services related, as may from time to time be requested by the Grapevine Animal Services Manager, provided that such services are directly related to the housing of animals at the Animal Shelter, pursuant to this Agreement. F. Nothing in this Agreement shall be construed to require Coppell to perform any animal control services within the jurisdictional boundaries of Grapevine. 3.2 Coppell will furnish equipment and supplies used to perform all services provided by Coppell as set forth in Section 3.1 herein.   3 | Page    Article IV Grapevine Responsibilities 4.1 Grapevine shall provide an employee to work 40 hours, Monday through Friday, at Coppell Animal Shelter. 4.2 Grapevine shall be solely responsible for transporting animals to the Coppell Animal Shelter. 4.3 Grapevine shall be responsible for any start-up fees to activate PetPoint Management Software under this Agreement. 4.4 Grapevine shall be responsible for veterinary service costs and food costs for animals originating from Grapevine. Grapevine will transport Grapevine animals to and from veterinarian services and directly manage the associated fee payments. In case of emergency animal care needs for any Grapevine animal in the Coppell Shelter, Coppell Animal Services has the authority to make emergency medical decisions and medical cost coverage will be determined between the Cities afterwards. Article V Complaints 5.1 All complaints from Grapevine residents concerning animal services performed by Coppell shall be taken in writing by the Grapevine Chief of Police, or designee, and shall be forwarded in writing, to the Coppell City Manager, or designee. All complaints will be investigated and Coppell will forward a written response to the Grapevine Chief of Police, or designee. Article VI Fees 6.1 Coppell will collect, retain, and account for any and all fees that may be collected related to Grapevine animals impounded or outcomed directly from the Animal Shelter, including but not limited to, impound fees, boarding fees, adoption fees, euthanasia fees, disposal fees, and surrender fees, which shall be established by the City of Coppell. Article VII Termination 7.1 This Agreement may be terminated, in accordance without cause and for convenience, by either Party by serving written notice of termination with thirty (30) days’ notice prior to the anticipated date of termination.   4 | Page    Article VIII Financial Obligations 8.1 The Parties agree that any cost or expenses incurred by either Party as a result of this Agreement shall be paid for from current revenues available to the paying Party. Article IX Liability/Immunity 9.1 Nothing stated herein shall be construed as a waiver of all the protections afforded Coppell as a sovereign governmental unit. To the extend afforded by Texas Tort Claims Act, Coppell shall be responsible only for claims, demands, judgements and the like attributable to the sole acts and omissions of its agents, officers and/or employees. Coppell assumes no liability or responsibility for the acts and omissions of Grapevine, their employees, agents, officers or others working through them in any capacity. 9.2 Nothing stated herein shall be construed as a waiver of all the protections offered Grapevine as a sovereign governmental unit. To the extent afforded by the Texas Tort Claims Act, Grapevine shall be responsible only for claims, demands, judgments and the like attributable to the soles acts and omissions of its agents, officers and/or employees. Grapevine assumes no liability or responsibility for the acts and omissions of Coppell, their employees, agents, officers or others working through them in any capacity. 9.3 It is expressly understood and agreed that, in the execution of this Agreement, no Party waives, nor shall be deemed to have waived, any immunity of defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the Parties do not create any obligations, expressed or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Article X Miscellaneous 10.1 Binding Agreement: Assignment. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. This Agreement may not be assigned. 10.2 Relationship of Parties. It is not the intent of the Parties to create, nor shall this Agreement be construed as creating, a partnership, association, joint venture or trust. No Party shall be deemed to control, the other Party. Each Party shall be individually responsible for its own covenants, obligations, and liabilities.   5 | Page    10.3 Notices. Any notice required or permitted to be delivered hereunder shall be deemed received three days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered to the following addresses: If intended for Coppell: With a copy to: City of Coppell Robert. E. Hager Attn: City Manager Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 255 East Parkway 500 North Akard, Suite 1800 Coppell, Texas 75019 Dallas, Texas 75201 If intended for Grapevine: With a copy to: Attn: City Manager Boyle & Lowry 200 South Main Street 4201 Wingren Drive No. 108 Grapevine, Texas 76051 Irving, Texas 75061 10.4 Governing Law. This Agreement will be governed by the laws of the State of Texas; and venue for any action concerning this Agreement will be in the State District Court of Dallas or Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 10.5 Legal Construction. In the event any one or more of the provisions contained in this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect other provisions, and it is the intention of the parties to this Agreement that in lieu of each provision that is found to be illegal, invalid, or unenforceable, a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms as possible to the provision found to be illegal, invalid, or unenforceable. 10.6 Recitals. The recitals to this Agreement are incorporated herein. 10.7 Counterparts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 10.8 Captions. The captions to the various clauses of this Agreement are for informational purposes only and will not alter the substance of the terms and conditions of this Agreement. . 10.9 Amendment. This Agreement may be amended by the mutual agreement of the parties to it, in writing and attached to and incorporated in this agreement.   6 | Page    10.10 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations that are granted and assumed under this Agreement. 10.11 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the terminations of this Agreement shall survive termination. 10.12 Contingent. This Agreement is expressly contingent upon formal approval by the City Manager of the City of Grapevine, Texas and the City Council of the City of Coppell, Texas. 10.13 Entire Agreement. This Agreement is the entire Agreement between the parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. EXECUTED on this ______day of ____________________, 2019. City of Grapevine, Texas By:________________________________ Bruno Rumbelow, City Manager Attest: _____________________________ Tara Brooks, City Secretary Approved as to Form: By: _____________________________ City Attorney   7 | Page    EXECUTED on this ______day of ____________________, 2019. City of Coppell, Texas By:________________________________ Mike Land, City Manager Attest: _____________________________ Christel Pettinos, City Secretary Approved as to Form: By: _____________________________ Robert E. Hager, City Attorney Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4586 File ID: Type: Status: 2018-4586 Agenda Item Consent Agenda 3Version: Reference: In Control: Police 06/24/2019File Created: Final Action: Animal Services VehicleFile Name: Title: Consider approval of the purchase of one 2019 Ford F250 Regular Cab truck from Sam Pack’s Five Star Ford, in the amount of $56,677.00, as budgeted in FY 18-19; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 07/09/2019 Agenda Number: C. Sponsors: Enactment Date: AS Vehicle Memo.pdf, AS Vehicle Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 3 07/09/2019City Council Text of Legislative File 2018-4586 Title Consider approval of the purchase of one 2019 Ford F250 Regular Cab truck from Sam Pack’s Five Star Ford, in the amount of $56,677.00, as budgeted in FY 18-19; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds have been budgeted in the Animal Services Department for this purchase. Staff Recommendation: Approval recommended. Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4586) Goal Icon: Sustainable City Government Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Danny Barton, Chief of Police Date: June 11, 2019 Reference: Approval consideration for one replacement vehicle for Animal Services in the amount of $56,677.00. 2030: Sustainable City Government Strategy General Information: • Vehicle to be replaced has reached the end of its service life • Funds used to purchase Animal Services vehicle will come from FY 2018/19 • Contract pricing obtained through Interlocal agreement with Tarrant County purchasing program Introduction: To operate a clean, efficient and reliable fleet, the Fleet Services Department sets an initial life expectancy on all vehicles and equipment in our fleet including Animal Services. During i ts service life, each vehicle and equipment in the vehicle is subject to close monitoring of availability, operating cost, accumulated miles/hours, condition, obsolescence and the ability to perform the required tasks. The vehicle being replaced is a 2007 Chevrolet truck with approximately 90000 miles and has reached the point in its service life for our Animal Services where it has been determined that replacement is prudent. Analysis: To reduce downtime, maximize efficiency, and productivity and provide a solid platform from which to operate, the vehicles have been carefully selected with the Animal Services and Fleet Services working closely together. Consequences of not funding these purchases included decreased vehicle availability, increased operating costs and reduced service levels to our community. Legal Review: Agenda item does not require legal review. Fiscal Impact: This purchase was approved for the FY 18/19 budget out of the Animal Services General Fund. 2 Recommendation: The Police Department has found this action to be supportive of the Coppell 2030 Master Plan in Sustainable City Government Strategy. As such, staff recommends City Council’s approval for Coppell to enter into an agreement to purchase the 2019 Ford F250 from Sam Packs Five Star Ford and Chevrolet. Sam Pack's Five Star Ford an d Chevrolet 1635 (Ford) 1700 (C hevrolet) S. IH 35E Carrollton Texas, 75006 (888) 8 FLEET 9 (8 88-835-3389) -FAX 972-245-5278 -bidtx@spford.com CUSTOMIZED PRODUCT PRICING SUMMARY BASED ON CONTRACT Cars and Light Truc ks Team Members --Kevin Moore -Shauna Hood -Jorge Guerra -Alan Rosner -Jose Deanda Contract Name Tarrant County CONTRACT# 2019-041 End User: CITY OF COPPELL Sam Pack's Rep : KEVIN MOORE Contact: MARK BROCHTRUP Date : 3.1.191REVISED/4 .25 .18 Contact TN/Emall Phone# 972-462-5175 Produ ct Description : 2019 FORD F250 REG CAB Exterior Color I Interior WHITE A . Bid Series: LINE 3A F2A Base Price : $ 23 ,462 .00 B. Published Options (Item ize Each Below Code Description Bid Price Code Description Bid Price AUTO TRAN S INCLUDED AIC INCLUD ED POWER GROUP INCLUDED CRUISE INCLUDED SYNC SYSTEM INCLU DED DELIVERY INCLU DED 2YR STATE INSPEC TION INCLUDED TRAILER TOW INC LUDED 6.2L V-8 INCLU DED XL PKG INCLUDED Total of B. -Published Options $ c . Ford Factory Published Options Code Description Bid Price Code Description Bid Price 17 XL CHROME BUMPER PKG $ 850 .00 18B RUNNING BOAR DS $ 32 0.00 43C 11 OV/400W OUTLET $ 175 .00 66S UP FIITER SWITCHES $ 165 .00 86M BAITERY SET UP $ 210 .00 872 CA MERA PREP $ 415 .00 67E XTRA HDALT $ 85 .00 66D BED DELET $ 625 .00 18A UP FIT MODUE L REQ WITH DOG BO X $ 295 .00 CARPET DELETE INCLUDED Total of C. -Dealer Published Options $ 1,890 .00 D. Fleet Quote Code Description Bid Pri ce Code Descrl!ltlon Bid Price DEER SKI N MFG PRO SAFTEY UNI T $ 31,325 .00 ACC M6G PER CUSTOMER SPE CS All Vehicles ordered are about 90-120 days ARO Total of D. -Off Menu Options $ 31 ,325.00 F. Delivery Charges 0 Miles@ $2 .45/mlle $ G. Option Di scounts H. Tota l of A + B + C + D + E = F $ 56 ,677 .00 I. Floor Plan As sista nce $0 .00 J . Lot Insurance Coverages $0 .00 K . Quantity Ordered 1 X F = $ 56 ,677 .00 L. Adm i nistrative Fee $ - M. Non-Eq ui p Charges & Credits N. TOTAL PURCHASE PRICE INCLUDING ADMIN FEE $56 ,677 .00 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4585 File ID: Type: Status: 2018-4585 Agenda Item Consent Agenda 1Version: Reference: In Control: Fire 06/24/2019File Created: Final Action: Fire Training Room AV EquipmentFile Name: Title: Consider approval authorizing the replacement of the Fire Training Room’s Audio-Visual Equipment by Whitlock in the amount not to exceed $70,000.00, as budgeted; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 07/09/2019 Agenda Number: D. Sponsors: Enactment Date: Staff Memo - Fire Training AV Equipment Replacement.pdf, Whitlock Proposal Fire Training Room.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4585 Title Consider approval authorizing the replacement of the Fire Training Room’s Audio-Visual Equipment by Whitlock in the amount not to exceed $70,000.00, as budgeted; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: The fiscal impact of this agenda item will not exceed $70,000.00; funds are budgeted for the replacement of this equipment in the General Fund, Emergency Management’s 2018-2019 budget. Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4585) Staff Recommendation: The Fire Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Fire Chief Kevin Richardson Date: July 9, 2019 Reference: Fire Training: Audio/Visual Equipment 2030: Sustainable City Government Introduction: The Coppell Fire Department Training Room facility at Fire Station 3 received an upgrade of the core audio visual equipment in 2010 and added the control system in 2011. Fire Department and Department of Enterprise Solutions staff have evaluated the training room capabilities and determined that a replacement of equipment is necessary to meet current technology requirements for efficient use. Staff have worked closely with stakeholders, vendor staff and the Department of Enterprise Solutions on a proposed solution. This process was included in the budget process and approved in the budget for fiscal year 2018-19. Analysis: Current capabilities have been outpaced by technology and are insufficient to support the needs of the high volume of users of the training room. The training room is heavily utilized by fire department staff, city staff from other departments, and the public. The equipment refresh will replace both aging equipment from the 2010 install and temporary equipment that has been injected when equipment has failed. The scope of work will include replacing both projectors, the video routing solution and the control system. It will add the capability for wireless presentation from laptops and other smart devices and will also provide the ability to broadcast presentations from the training room across the city’s internal network to allow staff to view training opportunities from alternate locations. In addition to serving as the primary training room for the Fire Department and a highly utilized meeting and training space for other users, the facility serves as the back-up emergency operations center (EOC) for the city. Failure to proceed with this equipment replacement may hamper the ability of the department to efficiently maintain training requirements and could also hamper the ability to maintain 2 adequate situation awareness during city wide command and control functions during an emergency operations center activation where the back-up EOC were required. Legal Review: Agenda item did not require legal review. Fiscal Impact: The fiscal impact of this agenda item will not exceed $70,000.00; funds are budgeted for the replacement of this equipment in the General Fund, Emergency Management’s 2018-2019 budget. Recommendation: The Fire Department recommends approval. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. v Submitted to: Caleb Spaw City of Coppell Submitted by: Craig Orris Taylor Senior Account Executive Whitlock/DFW Date: 6/21/2019 Statement of Work- OPP131793 v.5 DIR Quote for Coppell FD Training Center A/V Upgrade Prepared For: City of Coppell This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. Contents Contents ........................................................................................................................................................................ 2   Overview ............................................................................................................................................................... 3   Display System ...................................................................................................................................................... 4   Video Routing System ........................................................................................................................................... 4   Audio System ........................................................................................................................................................ 4   Control System ...................................................................................................................................................... 5   Streaming System ................................................................................................................................................. 5   Equipment Rack and Furniture ............................................................................................................................. 5   Cable Cubby .......................................................................................................................................................... 6   Services and Additional Deliverables .................................................................................................................... 6  Project Management ................................................................................................................................................. 6  Project Schedule ........................................................................................................................................................ 7  Project Documentation ............................................................................................................................................. 8  Regional Training Services ......................................................................................................................................... 8  System Warranty ....................................................................................................................................................... 8  Priority Service Plan (PSP) ......................................................................................................................................... 9  Service Engagement .................................................................................................................................................. 9  Standard Service Hours ............................................................................................................................................. 9   Project Dependencies & Responsibilities ....................................................................................................... 10  Whitlock Requirements & Responsibilities ............................................................................................................. 10  Customer Requirements & Responsibilities ............................................................................................................ 10  Notification of Completion and Acceptance ........................................................................................................... 11  Work Not Included in Whitlock Scope of Work ....................................................................................................... 11  Owner Furnished Equipment and Software ............................................................................................................ 12   Terms and Conditions ..................................................................................................................................... 12   Acceptance of Proposal .................................................................................................................................. 14   Appendix: Bill of Materials and Pricing ........................................................................................................... 15      This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. Overview Whitlock is a global AV and UC Solutions Provider, specializing in collaborative technology design, integration and managed services. Since 1956, we have helped Customers optimize, standardize and protect the value of their audiovisual technology investments. Whitlock helps Customers create engaging, interactive environments, including:  Telepresence/videoconferencing rooms  Digital signage networks  Auditoriums  Collaborative classrooms and training facilities  Visualization rooms  Courtrooms  Control rooms/network operations centers Whitlock also offers expansive AV managed services, including AVNOC and remote support, field services, on-site managed services, videoconferencing warranty/maintenance and virtual and hosted video services. Whitlock has a nationwide presence with 20 locations across the U.S., plus we have access to a global network of partners through our Global Presence Alliance. Our Customer delivery teams consist of seasoned AV engineers and certified professionals with InfoComm International® CTS, CTS-D and CTS-I technology certifications as well as advanced training credentials from all major AV and videoconferencing manufacturers. We also have a formal training program to keep our professionals informed of new techniques and emerging technologies in the industry. Whitlock is current holder of State of Texas DIR Contract Number DIR-TSO-3875. Today’s Proposal is 100% compliant with this Contract. The image part with relationship ID rId17 was not found in the file. The image part with relationship ID rId17 was not found in the file. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. Display System  Qty (2) NEC NP-P525UL laser projectors will be provided and installed. Projector 1 will be front facing and project onto the existing 92”x188” electric roll down screen. Projector 2 will be side facing and project onto the existing 51”x92” fixed wall mounted screen. Existing ceiling structure and existing projector mounts will be reutilized to mount projectors. Whitlock will cover the cost if the projector mounts need to be replaced.  Qty (2) NEC 70” flat panel displays will be ceiling mounted in place of the existing qty (2) NEC 55” displays using existing ceiling mounts. Video Routing System  A Crestron Digital Media matrix router will be installed. This matrix router will handle the routing of all the room sources to any of the displays. HDMI inputs and output cards as well as HDBaseT transmitters and receivers are used to transport the video signals from sources to the matrix and out to the displays. A 16x16 DM frame is included in the Proposal. Sources are as follows.  Ops PC  Ops Laptop  Document Camera  Mersive Solstice Pod  Cable TV  HDTV Off-Air Tuner Audio System  A Biamp DSP will be installed. This DSP will handle all the microphone mixing and level control as well as audio conferencing dialing. Control for these functions will be done from the touch panel.  Qty (3) OFE wireless combo microphone systems will be reused.  The existing ceiling recessed speakers and associated audio amplifier(s) will be reused.  A USB system will be installed to allow the users to connect their laptop to a soft codec (Skype, Zoom WebEx, etc.) and utilize the room ceiling speakers and mic system. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.  The existing emergency tone speakers will stay in place.  A press feed wall plate will be installed at the front of the room. This wall plate will be to matrix feeds to and from the press. This wall plate will have Qty (2) XLR inputs and Qty (2) XLR outputs. Control of these inputs and outputs will be done via Crestron touch panel. Exact location will be determined at initial site review with owner. Control System  A 3 series Crestron control processor will be installed. This processor paired with a 10” lectern mounted touch panel will handle all of the room controls. Below are some features of the controls provided, but final UI functionality will be decided from a UI review session with CFD and Whitlock programmers.  System Power On/Off (including auto shutoff)  System presets. (how would you like to use the room)  Volume level controls of the sources and microphones.  Audio conferencing dialing.  Source routing.  Streaming control Streaming System  The system will have an HD streaming output. This streaming card will allow the users to stream most of the room’s sources to the City of Coppell network.  HDCP management ensures that protected content cannot be distributed via streaming, so the cable box will not be a streaming source. Equipment Rack and Furniture  The existing equipment racks built into the ops desk will be reused. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.  Whitlock will demo unused equipment currently installed in the existing equipment racks and will integrate equipment that is to be re-used, which may include relocating, remounting, or re-cabling, as necessary.  All existing radio and emergency tone equipment will remain as is in the third rack.  Cooling for the equipment racks will be provided by others. Cable Cubby  The existing cable cubby 600 will be reused.  Please see below the intended “new configuration”. Services and Additional Deliverables Project Management Whitlock will provide professional project management as a key service to help ensure the success of the project. Whitlock project managers are trained in globally recognized project This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. management fundamentals (PMP, PMI) and have experience managing projects throughout all phases of a project lifecycle, including initiation, planning, executing, monitoring, control and closing. We have many internal tools, processes and best practices in place to ensure that we communicate early, consistently and effectively.  Detailed project checklists – design assist/review, pre-project approved drawings, documentation, finalized scope of work, procurement schedules, billing format and schedules, etc.  Weekly status reports to provide project updates, action items, procurement status, risks and milestones and needs from other trades.  Whitlock internal and Customer project kick off meetings.  Documentation of project flow, timelines and milestones.  Strong RFI and change management processes and documentation, customized for project.  Proactive schedule management and resource mapping in Microsoft Project and other custom Customer tools.  Detailed commissioning, training and final sign off plan, checklists and status reports. Project Schedule Whitlock understands that time is the essence of this project. We will make every reasonable effort in coordination and communication to ensure that your timetable is met. However, there are many factors outside of our control that may impact this schedule, such as the manufacturer and delivery of equipment from our vendors, and completion of requirements and responsibilities outside of our Scope of Work. As your timetable changes, we will make every effort to accommodate your new schedule, however Whitlock cannot guarantee that an installation crew will be available if planned installation dates change. We require a minimum of a ten (10) working day notice as to a revision of schedule dates that will change the time that a crew is required on-site. Notification of a change in schedule with less than 10 day notice to Whitlock may result in additional charges and impact to schedules and deadlines. This pricing in this proposal is based on non-overtime rates during normal business hours. Working days are defined as Monday through Friday excluding holidays unless specified otherwise in this proposal. Any work required outside of this timeframe will result in additional charges. The project manager will work with the customer and the design and procurement teams to establish realistic timelines for the delivery and installation of system components. The project manager will also work with the customer to establish timeframes for other deliverables including training and documentation. Project schedules will be documented using MS Project 2010 and delivered in Gantt chart form. The following will be designated as milestones for the project schedule:  Customer Review of Design and Proposal This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.  Baseline Project Schedule  Whitlock Receives Purchase Order  Project Kick-off  Project Implementation o System Building o System Programming  Customer Training  Whitlock Delivers Documentation  Project Review with Customer and Closeout The project manager will be responsible for facilitating work package definition, sequencing, and estimating duration and resources with the project team. The project manager will also create the project schedule using MS Project 2010 and validate the schedule with the project team, stakeholders, and the Customer project sponsor. Project Documentation Whitlock will provide complete documentation on the installed systems, including:  As-built CAD Documentation, including wiring diagrams, rack elevations, device locations and mounting details  Architectural coordination drawings, including coordination of requirements to be provided by others (such as power, conduit, furniture)  Equipment lists with serial numbers  Completed Quality Assurance checklists  Control system software code (source code, see exceptions )  Equipment user manuals Regional Training Services Whitlock’s Technical Operations Department provide services to ensure that your teams understand how to fully utilize all components of the integrated system. These basic knowledge transfer services are designed to help bolster technology utilization within your organization. On-Site Training: A Whitlock representative will provide hands-on training of how to use the system at the completion of the installation. This is typically provided on-site, unless specifically excluded for remote sites. This training is based upon the requirements identified during the design phase and can include both technical and administrative level training, depending upon the customer’s ongoing support personnel. Whitlock personnel will train the Owner's personnel in the proper setup and operation of the system. System Warranty Whitlock will warranty its installation services to be free of defects in workmanship and materials for a period of one (1) year. This warranty period will begin at the earlier of the completion of This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. the installation or the first substantial use of the equipment. Whitlock will furnish all labor and material needed to complete the warranty service and restore the system to operational status in accordance with original design criteria and manufacturer’s specifications. Whitlock will process all warranty claims with the individual equipment manufactures on behalf of the Customer and facilitate any equipment repairs or replacements in accordance with the warranty specification of the manufacture. This warranty excludes operational support, preventive maintenance services, consumables or failures caused by user error, damage or use of equipment outside intended functionality. On equipment furnished by the owner, we cannot warranty this equipment without an additional service contract. However, during the installation we will test and adjust owner furnished equipment as necessary for the best possible performance. Should repairs be necessary, we will advise you of these at that time and give estimates as to what these repairs should run. No other representation, warranty, or guarantee, express or implied, is included in this proposal including implied warranties of fitness for a particular purpose or merchantability. In no event shall either party be liable for any special, indirect, consequential, incidental, or punitive damages. Priority Service Plan (PSP) Whitlock’s Priority Service Plan is comprehensive service level agreement designed to provide proactive preventive checks & services as well as break-fix callout support with guaranteed response times and priority escalation. These services are designed to minimize downtime and maximize your technology investment through a proper maintenance program and improved life-cycle management. Whitlock will cover this added equipment under our existing PSP with City of Coppell once project is complete. Service Engagement You may request warranty support by one of the following methods:  Telephone: 1-866-Whitlock (1-866-944-8562)  Email: service@whitlock.com  Web: http://www.whitlock.com/support-request/ When requesting support, please identify yourself, the street address of the service location and room requiring support. State the nature of the problem with as much detail as possible and the room availability. If the problem is video teleconference related, please be prepared to provide our service coordinator the serial number of the video teleconference component requiring support. Standard Service Hours Warranty support is available during normal working hours M-F 8:00AM–5:00PM. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. Project Dependencies & Responsibilities Whitlock Requirements & Responsibilities These are items that Whitlock will complete in fulfilling the project scope of work.  Assign a project team including a Project Manager  Provide and coordinate installation schedule  Provide documented weekly progress updates  Schedule a kick-off meeting with the customer stakeholders, as well as recurring project meetings as listed in the project schedule  Install systems as described in the above statement of work and the Project Drawings  Provide all Additional Deliverables listed  Take photos of installed systems  Complete Whitlock Quality Assurance testing and documentation  Provide Project closeout deliverables to customer Customer Requirements & Responsibilities These are items that Whitlock is dependent upon to complete the project scope of work on time, however, these requirements and responsibilities are not provided by Whitlock. For a complete list of exclusions, please refer to the “Not included in Whitlock Scope of Work” section below. These requirements must be provided by the owner or other 3rd parties, and may fall under the responsibility of an Architect, General Contractor, Electrical Contractor, Data Contractor, Security Contractor, and/or Furniture/Millwork Contractor; IT departments, Facilities or Real Estate groups. Site Conditions The minimum acceptable site conditions of the project site for the installation of electronic equipment are as follows.  The rooms and directly adjacent areas into which the equipment will be installed must be dust-free with floor, ceiling, and wall finishes to be completely installed in the rooms affected by the equipment.  The rooms into which the equipment will be installed must be secure. All equipment delivered to the site will become the property of the owner immediately upon delivery.  All Electrical power, conduit systems, HVAC systems, IT requirements (wired or wireless services), communication circuits, and or other services required by the systems and equipment should be fully installed, energized, and configured for use. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change.  Furniture into which components of the equipment will be installed shall be present at the time of staging and/or installation.  All telephone, POTS, VOIP, modem, PRI, data, LAN, and telecommunications connections are installed, fully tested, and active.  Configuration of OFE networks, applications, servers, and services to provide interoperation with installed systems.  Coordination and timely IT support and documentation (such as providing IP addresses). Project Assumptions & Clarifications  None at this time. Notification of Completion and Acceptance Whitlock will provide written notification upon completion of the Scope of Work to Customer via an acceptance document. At that time, Whitlock will work with the customer to resolve any outstanding issues, deliverables, or punch list items related to this Scope of Work that may exist. Customer shall provide a written acknowledgement of Whitlock’s completion of the Scope of Work by having an authorized representative sign and return the acceptance document. Whitlock will proactively seek acceptance from the customers designated representatives via email, voice, and/or US Mail. If no response is received (5) business days after a 3rd successive attempt, Whitlock will notify the Customer in writing that the Services in accordance with this Statement of Work are complete and the project is considered to be accepted by the Customer. Work Not Included in Whitlock Scope of Work The system described in this scope of work is a complete, working system with the exceptions as noted below. These items are required for successful completion of the project, but are not provided by Whitlock. 1. The electrical power system necessary to power the listed equipment (including but not limited to: conduits, raceways, pull boxes, junction boxes, outlet boxes, wiring, conductors, breaker panels, transformers, etc) will be provided and installed by others. 2. The empty conduit system also known as “containment”, and cable raceways (including conduits, junction boxes, outlet boxes, raceways, cable ladders, etc) into which the cabling for the audio, video, data, and control systems will be provided and installed by others. 3. Any required floor cores for access between floors of the building vertically will be provided by others. 4. The repair of the ceiling, ceiling tiles, or ceiling tile grid after the installation of the screen, video projector lift, etc. to be provided by others. This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. 5. Any modifications to the structural, mechanical, electrical, and plumbing systems or movement of obstructions in the walls, floors, or ceilings to be provided by others. 6. All analog telephone lines required by any audio conferencing units will be furnished and installed by others. 7. The transmission lines and network interfaces required by the videoconferencing units will be furnished and installed by others. Whitlock will work with the Owner to coordinate the requirements for these systems, but other contractors will complete the provisioning and installation of these items. 8. The network connections and cabling systems required by the remote control systems will be furnished and installed by others. 9. The network connections and cabling systems required by the computers will be furnished and installed by others. 10. The building structure, to which the devices will be mounted, will be furnished and installed by others. 11. Any operators’ consoles, cabinetry, credenzas, lecterns, or other furniture into which devices will be mounted will be furnished and installed by others unless specifically listed herein. Owner Furnished Equipment and Software If required, Whitlock will make every reasonable effort to utilize existing Owner Furnished Equipment (OFE) for use in this project. In the event that the OFE is determined to be unusable for this purpose, Whitlock will notify the customer. Whitlock assumes no liability or risk of loss for OFE or data contained therein. If required, Whitlock will make every reasonable effort to utilize and modify Owner Furnished Software (OFS), existing software, or “code” as provided by the owner for use in this project. In the event that this software or code is determined to be unusable for this purpose, Whitlock will notify the customer. Whitlock assumes no liability for existing software or “code”. During the installation, all OFE and OFS that will be incorporated into the system (including OFE computers, laptops, and mobile technology devices that will connect to the systems ad-hoc) must be available for our technicians to set up the system properly. Failure to have this equipment available during the installation will necessitate additional visits by our technicians to finish the system setup that may result in additional charges. Terms and Conditions Invoicing and Payment Upon approval of credit, Whitlock will submit a monthly invoice on or about the 5th of each month showing all equipment delivered and services rendered during the preceding month. The monthly invoice will also include materials suitably stored at our office during the staging process. Customer agrees to remit payment by check or wire transfer for such invoices within This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. thirty (30) days from the invoice date. Customer agrees to pay a finance charge equal to 1½% per month on all invoices not paid timely. In the event that Whitlock employs an attorney to collect unpaid amounts, Customer agrees to pay all reasonable legal fees and costs incurred by Whitlock in such action. Restocking Fees Any equipment or materials ordered by Customer may be cancelled or returned only at the discretion of Whitlock; in some cases equipment cannot be cancelled or returned. If such cancellation or return is authorized by Whitlock, Customer will be responsible for any related restocking fees, return freight costs, handling charges, and demobilization costs. Acceptance Our acceptance of this proposal by Whitlock is subject to customary credit review. The pricing and other terms set forth in this proposal are good for a period of 30 days from the date of this letter. Independent Contractor Relationship Whitlock and Customer are contractors independent of one another and neither party’s employees will be considered employees of the other party for any purpose. Confidentiality Each party will not furnish, use, or divulge to any individual, firm, corporation, or other entity, any proprietary or confidential information of the other party. The information furnished in this proposal and any related design information is the confidential and proprietary information of Whitlock and is provided for the purpose of assisting you in evaluating this proposal. This information remains the property of Whitlock and is not to be distributed outside of your company without written permission from Whitlock and payment for our design and engineering time expended to date. Non-Solicitation During the term of our agreement and for a period of one year after completion of services, Customer will not hire or directly or indirectly recruit, induce, or solicit any employee or contractor of Whitlock for employment with any other person or entity. Force Majeure Other than payment of amounts due herein, neither party shall be responsible for delays or failures that arise due to circumstances beyond its reasonable control. Title and risk of loss Title and risk of loss or damage to equipment and materials shall pass to Customer upon delivery to Customer’s site, at which point the security and insurance coverage for such equipment and materials will be Customer’s responsibility. Limitation of Liability No other representation, warranty, or guarantee, express or implied, is included in this proposal including implied warranties of fitness for a particular purpose or merchantability. In no event This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. shall either party be liable for any special, indirect, consequential, incidental, or punitive damages. Acceptance of Proposal As an authorized representative of City of Coppell, I accept this proposal dated 6/21/2019 in its entirety including the total quoted price of $65,880.59, and in full compliance with the terms and conditions stated. To generate an official order, a signed purchase order must be received within ten (10) business days from acceptance. Changes to this order will be mutually agreed upon in writing and signed by designated person(s Original to be signed and returned to: Whitlock ATTN: Craig Orris Taylor 1201 Lakeside Parkway, Suite 160 Flower Mound, TX 75028 O 972.815.1126 F 972.815.1181 M 214.505.4136 taylorc@whitlock.com CUSTOMER ACCEPTANCE WHITLOCK ACCEPTANCE ____________________________ _______________________________ Name (print) Name (print) ____________________________ _______________________________ Signature Signature ____________________________ _______________________________ Title Title ____________________________ _______________________________ Date Date This document contains confidential information which is proprietary to Whitlock. No part of its contents may be used, copied, disclosed or conveyed to any party in any manner whatsoever without prior written permission from Whitlock. Services subject to change. Appendix: Bill of Materials and Pricing DateValid PeriodFreight TermsPayment Terms -Pricing is based on payment via check, ACH or wire transferQuote IDAccount ExecutiveAccount Executive Cell PhoneAccount Executive E-MailSystem DesignerWhitlock is current holder of State of Texas DIR Contract Number DIR-TSO-3875.3956Item Qty ManufacturerPart NumberDescription Price Total List DIR % Off List Display Systems1 2 Chief Manufacturingxxxxx Ownwer furnished ceiling mount2 2 NEC E705 70" LED backlit LCD monitors (1,920 x 1,080 native resolution) 2,919.60 5,839.20 3,244.00 10.00%3 2 NEC NP-P525UL Laser Projector with sealed optical LCD Engine, no lamps, no filters. 5200 Center Lumens, WUXGA (1920x1200) native resolution, 16:10 aspect ratio. Ultra quiet 22 dB Eco Mode, 27 dB High Bright mode. 20,000 hour laser life to half bright. Near instant on/off. 5 year warranty. 2,763.00 5,526.00 3,409.00 10.00%4 2 Chief Manufacturingxxxxx Ownwer furnished projector mount5 2 Chief Manufacturingxxxxx Ownwer furnished ceiling pipeDisplay Systems Total 11,365.20 Routing & Switching Systems6 1 Crestron DM-MD16X16-CPU3 16x16 DigitalMedia™ Switcher 4,558.00 4,558.00 8,600.00 47.00%7 8 Crestron DMC-4KZ-HD DigitalMedia HDMI 4K60 4:4:4 HDR input cards 424.00 3,392.00 800.00 47.00%8 3 Crestron DMC-4KZ-CO-HD DigitalMedia 8G+ 4K60 4:4:4 HDR two-channel output cards 689.00 2,067.00 1,300.00 47.00%9 1 Crestron DMC-4K-HDO Two-channel 4K DigitalMedia 8G HDMI scaling output cards 954.00 954.00 1,800.00 47.00%10 1 Crestron DMC-STRO Streaming DigitalMedia output cards 1,590.00 1,590.00 3,000.00 47.00%11 1 Crestron DM-TX-4K-100-C-1G-B-T Wall-mounted single-gang DigitalMedia 4K transmitters with HDMI ports (matte black) 371.00 371.00 700.00 47.00%12 5 Crestron DM-RMC-4K-SCALER-C DigitalMedia 8G+ 4K shielded twisted pair receivers & room controllers (4K compatible) 954.00 4,770.00 1,800.00 47.00%13 1 Crestron DM-PSU-16-PLUS Sixteen-port PoDM+ power supplies (for DM switchers) 927.50 927.50 1,750.00 47.00%14 1 Extron 70-1065-04 Retractor Series/2 HDMI cable retraction systems (HDMI male to male) 270.00 270.00 450.00 40.00%15 1 Extron 70-1065-05 Retractor Series/2 USB cable retraction systems (USB A male to USB A male) 270.00 270.00 450.00 40.00%16 1 Extron 60-1784-02 One US AC, Double-space, Black 270.00 270.00 450.00 40.00%DIR Quote for Fire Training Room AV Systems E-Mailcspaw@coppelltx.govMatt HornbuckleFax214-505-4136Cell 469-576-6146taylorc@whitlock.comCity, State, Zip Coppell TX130712 v.5Phone 972-304-7068Craig Orris TaylorAddress 1FOB Destination, Freight Address 2Net 30 days with approved creditCompany City of CoppellThirty (30) daysCONFIDENTIAL PROPOSAL1201 Lakeside Parkway, Suite 160 Flower Mound, TX 75028 - Phone 972-465-8888 - Fax 972-360-7398 - www.whitlock.comName Caleb Spaw6/21/2019Page 1 of 3 Item Qty ManufacturerPart NumberDescription Price Total List DIR % Off List 17 1 Extron 70-1043-02 Cable Cubby 202 retractor brackets (holds (3) retractor modules) 24.00 24.00 40.00 40.00%18 1 Extron 70-1065-50 Retractor Series/2 USB-C power cable retraction systems 300.00 300.00 500.00 40.00%19 1 Extron 70-1065-10 Retractor Series/2 DC power extension cable retraction systems (Dell, HP, & other computers) 300.00 300.00 500.00 40.00%20 1 Extron 70-1065-35 Retractor filler modules 42.00 42.00 70.00 40.00%Routing & Switching Systems Total 20,105.50 Audio Systems21 1 Biamp TesiraFORTÉ VT TesiraFORTÉ audio DSP processors with (12) analog audio inputs with Sona acoustic echo cancellation, (8) analog audio outputs, (8) channels of configurable USB audio, (1) two-channel VoIP interface, & (1) analog POTS telephone interface 2,399.00 2,399.00 3,598.00 30.00%22 1 Liberty AV Whitlock- XXXX Press feed wall plate 157.99 157.99 259.00 39.00%Audio Systems Total 2,556.99 Remote Control Systems23 1 Crestron CP3N 3-Series remote control system masters 1,378.00 1,378.00 2,600.00 47.00%24 1 Crestron CEN-SW-POE-5 Five-port PoE switches 212.00 212.00 400.00 47.00%25 1 Crestron TSW-1060-B-S 10.1" surface mount touchpanels (black smooth) 1,272.00 1,272.00 2,400.00 47.00%26 1 Crestron TSW-1060-TTK-B-S Tabletop kits (for TSW-1060, black smooth) 132.50 132.50 250.00 47.00%27 1 Crestron IRP2 Infrared emitter probes 26.50 26.50 50.00 47.00%28 2 Crestron GLS-ODT-C-CN Dual-technology occupancy sensors with CresNet 148.40 296.80 280.00 47.00%Remote Control Systems Total 3,317.80 Equipment Racks & Furniture29 2 Middle Atlantic PD-815SC-NS Eight-outlet, 15A power strips (plug termination) 100.00 200.00 121.00 15.00%30 2 Middle Atlantic PDLT-815RV-RN Eight-outlet, 15A power strips with rack lights 210.00 420.00 350.00 15.00%Equipment Racks & Furniture Total 620.00 Miscellaneous31 1 Mersive SP-8000-E1 KIT Solstice Pod Gen3 with perpetual Unlimited Enterprise software license (unlimited users) and 1 free year Solstice Subscription to upgrades and support (power supply and HDMI cable sold separately). KIT includes Power supply . 1,259.10 1,259.10 1,399.00 10.00%Miscellaneous Total 1,259.10 Page 2 of 3 Item Qty ManufacturerPart NumberDescription Price Total List DIR % Off List 52Total Listed Equipment 39,224.59 Whitlock Integration and Installation, List Price $27,200.00, DIR Discount off List of 2.00% 26,656.00 Total Integrated System (Pre-Tax) 65,880.59 - 65,880.59 Total Integrated System (Inclusive of Taxes)Estimated Sales Taxes (If Applicable)Page 3 of 3 Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4426 File ID: Type: Status: 2018-4426 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 02/27/2019File Created: Final Action: No Parking ORD Moore Rd.File Name: Title: Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on Moore Road, north and south of Parkway Boulevard; and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2019 Agenda Number: E. Sponsors: Enactment Date: No Parking Moore Road Memo.pdf, No Parking Moore Road Exhibit.pdf, No Parking Moore Road ORD.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4426 Title Consider approval of an Ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances by adding a subsection to make it unlawful to stop, stand, or park a vehicle at all times on Moore Road, north and south of Parkway Boulevard; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4426) The Public Works Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Kent Collins P.E., Director of Public Works Date: July 9, 2019 Reference: Ordinance for No Parking on Moore Road 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Council has approved implementation of on-street bike lanes on Moore Road, Riverchase and Fairway Drive  Design of the project is nearing completion  Bidding for implementation is expected to occur this Summer  Part of implementation includes establishing no parking along Moore Road  Parking does not occur on Riverchase and Fairway Drive currently  This agenda item presents an ordinance prohibiting parking on the full length of Moore Road Introduction: This agenda item is being presented for approval of an ordinance amending Article 8-3, Parking, Section 8-3-1(A) of the Code of Ordinances to make it unlawful to stop, stand, or park a vehicle, at all times, on a on both sides of Moore Road in its entirety. This prohibition is needed to allow for the on-street bike lanes planned for Moore Road. Parking does not occur currently on Riverchase and Fairway Drive. Analysis: Implementation of on-street bike lanes along Moore Road, Riverchase and Fairway Drive is expected to occur late Summer or early Fall. To safely implement these lanes, parking must be restricted along Moore Road. Currently, there are a couple of areas north and south of Parkway where vehicles are regularly parked. Alternate on-site parking exists for these vehicles. Based on observation and an examination of the configuration of Riverchase and Fairway Drive (screening walls, fences, remoteness of adjacent parking, etc.), staff does not recommend prohibiting and signing these streets for no parking because it does not occur today and the need to park on these streets for convenience 2 is not present. Staff will monitor these other streets and if it is determined that parking becomes a problem in the future, a separate ordinance will be presented at that time. This ordinance will grant the authority to prohibit parking, but signs will not be erected until the on-street bike lanes are being implemented. Adequate advance notice will be provided to warn motorists of the change. Legal Review: The ordinance has been reviewed by the City Attorney. Fiscal Impact: The signs are included as part of the bike lane project, so there is no additional fiscal impact associated with the approval of this item. Recommendation: The Public Works Department recommends approval of this ordinance. Proposed No ParkingMoore RoadCity of CoppellCreated in CIVIL3D1 INCH = 1 MILE0S:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2019.dwg\MOORE RD NO PKGCreated on: 2 July 2019 by Scott Latta1/21/21 1 INCH = FT.0200020001000Proposed No ParkingMoore RoadCity of CoppellCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2019.dwg\MOORE RD NO PKGCreated on: 2 July 2019 by Scott Latta2/2AREA OF PROPOSEDNO PARKING, STANDINGOR STOPPING TM 109111 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8-3- 1(A) OF THE CODE OF ORDINANCES BY REPEALING THE NO PARKING ZONE ON MOORE ROAD AND REPLACING IT WITH A NEW NO PARKING ZONE FOR MOORE ROAD BY MAKING IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON ALL PORTIONS OF MOORE ROAD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 8-3-1A of Chapter 8 of the Code of Ordinances be, and the same is hereby, amended to repeal no parking zone on Moore Road and replace with a new no parking zone on Moore Road to read as follows: “Chapter 8 - TRAFFIC REGULATIONS “Sec. 8-1-1. – Maximum speed . . . . . . . . . . Sec. 8-3-1 NO PARKING ON SPECIFIC STREETS & IN CERTAIN SCHOOL ZONES/SCHOOL AREAS A. No parking on specific streets. It shall be unlawful for any person to stop, stand or park a vehicle at any time in violation of any official sign, curb marking, or street marking that prohibits, regulates, or restricts the stopping, standing or parking of a vehicle at the times designated for the following street: . . . . . MOONLIGHT COVE . . . . . MOORE ROAD on both sides, from its beginning at Moore Road Park, southward in its entirety to its terminus at the intersection with Belt Line Road. . . . . . 2 TM 109111 NATCHES TRACE . . . . . . . . . .” SECTION 2. The City Engineer shall erect official signs, curb markings, or street markings giving notice that parking, stopping or standing of vehicles is prohibited at the locations designated herein. SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That 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 guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. 3 TM 109111 DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2019. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY 4 TM 109111 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 8-3- 1(A) OF THE CODE OF ORDINANCES BY REPEALING THE NO PARKING ZONE ON MOORE ROAD AND REPLACING IT WITH A NEW NO PARKING ZONE FOR MOORE ROAD BY MAKING IT UNLAWFUL TO STOP, STAND, OR PARK A VEHICLE AT ALL TIMES ON ALL PORTIONS OF MOORE ROAD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE DULY PASSED by the City Council of the City of Coppell, Texas, this the _______ day of ___________________, 2019. APPROVED: KAREN SELBO HUNT, MAYOR ATTEST: CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _________________________________ ROBERT E. HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4604 File ID: Type: Status: 2018-4604 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 07/01/2019File Created: Final Action: Intersection Improvement DesignFile Name: Title: Consider approval of an engineering services agreement with Kimley-Horn Associates, Inc.; for the design of intersection improvements at various locations; at a not-to-exceed cost of $244,300.00; to be funded through IMF and a reimbursement resolution; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 07/09/2019 Agenda Number: F. Sponsors: Enactment Date: Intersection Improvements Memo.pdf, Intersection Improvements Exhibit.pdf, Intersection Improvements Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4604 Title Consider approval of an engineering services agreement with Kimley-Horn Associates, Inc.; for the design of intersection improvements at various locations; at a not-to-exceed cost of $244,300.00; to be funded through IMF and a reimbursement resolution; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds are being provided by the Infrastructure Maintenance Fund and will be reimbursed by a Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4604) future bond issue. Staff Recommendation: The Public Works Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Kent Collins, P.E., Director of Public Works Date: July 9, 2019 Reference: Intersection Improvement Projects 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information: • The city’s thoroughfares are built to their planned capacity. • The city has implemented new signal timing along Denton Tap, Belt Line and Sandy Lake Road corridors. • A number of intersections in the City would benefit from capacity improvements in the way of auxiliary lanes to maximize efficiency. • The intersection improvements were discussed in work sessions on April 9th and April 30th. • Construction funding is proposed to be funded through a 2020 bond sale. The design would be funded through IMF funds, reimbursed with proceeds from the bond sale through a reimbursement resolution. • This item presents a contract to design the intersection improvements along Denton Tap at the intersections of Parkway, Sandy Lake, Bethel School and Belt Line. Introduction/Analysis: This item is presented to consider approval of an engineering services agreement with Kimley-Horn Associates, Inc., for the design of intersection improvements at various locations, at a not-to-exceed cost of $244,300.00, to be funded through IMF and a reimbursement resolution. The locations of the auxiliary lanes included in this design contract are as follows: • Denton Tap at Parkway – southbound right-turn, westbound right-turn, eastbound right-turn, northbound additional left-turn • Denton Tap at Sandy Lake – southbound right-turn • Denton Tap at Bethel School – northbound right-turn, southbound right-turn, eastbound right-turn, westbound right-turn 2 • Denton Tap at Belt Line/Southwestern – southbound additional left-turn Staff is designing in-house an added eastbound left-turn lane at Bethel Road and Denton Tap. An eastbound right-turn lane is being pursued at the SH 121 Frontage Road and Denton Tap. Staff is waiting on feedback from TxDOT regarding the likelihood of approval, cost sharing, etc., prior to expending city funds on an on-system improvement. If the design agreement is approved, it is expected that construction on these improvements could begin as early as the second quarter of 2020, or as soon as funds are available. Legal Review: The contract was reviewed by the City Attorney. Fiscal Impact: The fiscal impact of this item is $244,300.00, funded through IMF quarter-cent funds, and a future reimbursement resolution. Recommendation: The Public Works Department recommends approval of this item. 1 INCH = FT.0400040002000Proposed IntersectionImprovements,Various LocationsCreated in CIVIL3DS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS 2019.dwg\INTERSECTION EXHIBITCreated on: 19 June 2019 by Scott Latta1/1CITY LIMITLOCATION OF PROPOSEDINTERSECTION IMPROVEMENTS Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4593 File ID: Type: Status: 2018-4593 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 06/27/2019File Created: Final Action: Stormwater Plan ResolutionFile Name: Title: Consider approval of a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal storm water requirements; and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2019 Agenda Number: G. Sponsors: Enactment Date: Stormwater Management Program Memo.pdf, Stormwater Management Program.pdf, Stormwater Management Program RES.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4593 Title Consider approval of a Resolution to adopt a Storm Water Management Plan (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal storm water requirements; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Staff Recommendation: Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4593) The Public Works Department recommends approval. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works Date: July 9, 2019 Reference: Consider a Resolution to adopt a Storm Water Management Program (SWMP) for the purpose of meeting compliance goals of the new TCEQ Phase II Municipal Storm Water requirements; and authorizing the Mayor to sign. 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General: • TCEQ issued a new permit term to expire in 2024. • The first permit was issued in 2008, renewed in 2013. • This is an unfunded mandate to implement a storm water management plan. • The plan contains 5 minimum control measures to prevent/reduce storm water pollution. Introduction: The original Storm Water Management Program (SWMP) was approved by council in January of 2008. This program was required by the Texas Commission on Environmental Quality (TCEQ) and was to be implemented over a 5 year period to conclude in 2013. TCEQ issued another general permit under the Texas Pollutant Discharge Elimination System (TPDES) in December 2013 and was approved by Council in May of 2014. The current permit was issued by TCEQ at the end of January 2019 and will expire in 2024. Analysis: The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4’s) and MS4’s located in an urbanized area to discharge storm water and certain non-storm water discharges from their storm sewer system. The Northwest Dallas County Flood Control District (NDCFCD) boundaries lie fully within the Coppell city limits and are also required to submit a SWMP. A prior agenda item this evening recommended approval of an inter-local agreement between the City of Coppell and the NDCFCD. The entire plan was provided to Council under separate cover. 2 The SWMP is designed to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. There are five minimum control measures required to be addressed in the plan by the general permit issued by TCEQ. The plan details the existing Best Management Practices (BMP’s) currently implemented by the City of Coppell and details the future enhancement of the existing BMP’s and the resulting measurable goals that can be achieved, which will lead to reductions in pollutants discharged to the storm sewer system. Coppell, in association with the NDCFCD, will submit a concise annual report for each year of the permit term. The report will include the status of compliance with the permit conditions; an assessment of the appropriateness of the BMP’s and progress towards achieving the measurable goals for each of the minimum control measures. Legal Review: The resolution was reviewed by Robert Hager Fiscal Impact: The fiscal impact to implement this plan is funded through the drainage utility district. Recommendation: The Public Works Department recommends approval of the resolution adopting the SWMP. STORMWATER MANAGEMENT PROGRAM for THE CITY OF COPPELL In Association with Northwest Dallas County Flood Control District July 2019 Prepared By: Texas Firm Registration No. F -928 City of Coppell Stormwater Management Program Page i July 2019 Table of Contents EXECUTIVE SUMMARY ................................................................................................. 1 1.0 PROGRAM DEVELOPMENT ................................................................................. 2 1.1 Background and Introduction ......................................................................................................... 2 1.2 Legal Authority ................................................................................................................................ 4 1.3 BMP Selection ................................................................................................................................ 5 1.4 Selection of Benchmark and Targeted Controls ........................................................................... 7 1.5 Evaluation and Reporting Requirements ....................................................................................... 9 2.0 MINIMUM CONTROL MEASURES ...................................................................... 10 2.1 Public Education, Outreach, and Involvement ............................................................................ 10 2.1.1 Permit Requirement ........................................................................................................................ 10 2.1.2 Public Education, Outreach, and Involvement Programs and BMPs ........................................... 11 2.1.3 Annual Reporting............................................................................................................................. 12 2.2 Illicit Discharge Detection and Elimination .................................................................................. 13 2.2.1 Regulatory Requirement ................................................................................................................. 13 2.2.2 Illicit Discharge Detection and Elimination Programs and BMPs.................................................. 15 2.2.3 Annual Reporting............................................................................................................................. 17 2.3 Construction Site Stormwater Runoff Controls ........................................................................... 18 2.3.1 Regulatory Requirement ................................................................................................................. 18 2.3.2 Construction Site Stormwater Controls Programs and BMPs ...................................................... 19 2.3.3 Annual Reporting............................................................................................................................ 20 2.4 Post Construction Stormwater Management for New Development/Redevelopment ............... 22 2.4.1 Regulatory Requirement ................................................................................................................. 22 2.4.2 Post Construction Stormwater Management for New Development/Redevelopment Programs and BMPs ....................................................................................................................... 23 2.4.3 Annual Reporting............................................................................................................................. 24 2.5 Pollution Prevention/Good Housekeeping for Municipal Operations ......................................... 26 2.5.1 Regulatory Requirement ................................................................................................................. 26 2.5.2 Municipal Operations and Facilities Covered Under the SWMP .................................................. 28 2.5.3 Pollution Prevention/Good Housekeeping for Municipal Operations Programs and Best Management Practices ................................................................................................................... 29 2.5.4 Annual Reporting............................................................................................................................. 30 2.6 Summary Tables of Best Management Practices and Targeted Controls ................................. 31 Appendix A Area of Involvement Map Appendix B Storm Sewer Map Appendix C Interlocal Agreement Appendix D Resolution to Adopt the SWMP Appendix E TPDES General Permit City of Coppell Stormwater Management Program Page 1 July 2019 EXECUTIVE SUMMARY The City of Coppell has developed a Stormwater Management Program (SWMP) as required for coverage under the Texas Pollutant Discharge Elimination System (TPDES ) General Permit No. TXR040000 (see Appendix E). The original permit was issued on August 13, 2007, and a subsequent permit was issued on December 13, 2013. A new permit was issued on January 24, 2019, and this new permit supersedes and replaces the previous permit. The SWMP includes a listing of Best Management Practices (BMPs) that will be implemented by the City to work towards the regulatory standard of reducing pollutants in the City’s stormwater to the “maximum extent practicable” (MEP). Existing City of Coppell stormwater programs and activities designed to protect the City’s water quality will be supplemented with new BMP activities as needed. Measurable goals and an implementation schedule were developed for each of the BMPs in the SWMP. BMPs, measurable goals, and the implementation schedule were selected based upon their ability to meet specific permit requirements and to reduce pollutants in the City’s stormwater to the maximum extent practicable. They were also selected based upon a general assessment of BMP effectiveness, applicability to the City of Coppell, and costs associated with implement ation of the BMPs. Effectiveness of the selected BMPs and success in achieving the selected measurable goals will continue to be reviewed annually. This SWMP, dated July 2019, revises the provisions of the former Stormwater Management Program, dated May 2014. Revisions were made to meet new permit requirements, and changes were made based on the implementation process of BMPs during the previous permit term. City of Coppell Stormwater Management Program Page 2 July 2019 1.0 PROGRAM DEVELOPMENT 1.1 BACKGROUND AND INTRODUCTION The City of Coppell was incorporated in 1955. It covers 14.7 square miles and is located at Latitude 32° 58' 10" and Longitude 96° 59' 35". The topography is relatively flat with ground elevations ranging from approximately 420 feet above mean sea level to 550 feet above mean se a level. As seen in the Area of Involvement Map located in Appendix A, the City contains three major tributaries that ultimately drain into the Elm Fork of the Trinity River along the eastern City limits. Approximately 5.4 square miles of the City is drained by Grapevine Creek, and approximately 7.9 square miles of the City is drained by Denton Creek, including 2.8 square miles drained by Cottonwood Branch, a major tributary of Denton Creek. The remaining 1.7 square miles drain directly into the Elm Fork of the Trinity River. The Northwest Dallas County Flood Control District (NDCFCD), the Denton County Levee Improvement District No. 1, and the Irving Flood Control District are all located within the City limits. The Northwest Dallas County Flood Control D istrict contains approximately 610 acres and is located fully within the City limits of Coppell as shown on the map in Appendix A. The Denton County Levee Improvement District No. 1 contains approximately 940 acres, with roughly 60 acres located in the Cit y of Coppell. These Districts were created to provide flood protection to the area to allow for development of property within the District and to guide the necessary maintenance in the floodplain. According to the 2010 U.S. Census Bureau urbanized area map, all of the City is within the designated Denton-Lewisville Urbanized Area. The City is required to submit a Stormwater Management Program (SWMP) in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. The Northwest Dallas County Flood Control District (NDCFCD) boundaries are located fully within the Coppell city limits. The NDCFCD is also required to submit a SWMP that covers the floodplain and drainage areas under its control. The SWMP encompasses all areas of the City and the NDCFCD. On August 13th, 2007, the Texas Commission on Environmental Quality (TCEQ) issued TPDES General Permit No. TXR040000 under the Texas Pollutant Discharge Elimination System (TPDES). A subsequent permit was issued on December 13, 2013. A new permit was issued on January 24, 2019 (See Appendix E), and this new permit supersedes and replaces the previous permit. The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4s) and MS4s located in an urbanized area, to discharge stormwater and certain non-stormwater discharges from their storm sewer system. The new permit divides MS4 operators into four levels based on population served within the 2010 urbanized area. The City of Coppell is designated as a Level 2 Small MS4 located in an urbanized area. As such, the City and the NDCFCD each have the option of applying for coverage under the TCEQ’s General Permit or applying for an individual permit. In order to obtain coverage under the General Permit, the City and the NDCFCD must submit an application that consists of a Notice of Intent (NOI) and a SWMP. The City and District must submit individual NOIs but have the option of partnering in development, implementation and submittal of a joint SWMP. The City and the NDCFCD have agreed to joint development of the SWMP. City of Coppell Stormwater Management Program Page 3 July 2019 A copy of the Interlocal Agreement between the City of Coppell and the NDCFCD outlining the shared and individual responsibilities of the implementation of this plan is located in Appendix C. This document outlines the City of Coppell and the NDCFCD’s program to develop, implement, and enforce the SWMP. The program is designed to prevent pollution in stormwater to the maximum extent practicable and effectively prohibit illicit discharges to the system. The effective SWMP addresses the five Minimum Control Measures (MCMs) as required by the TCEQ Phase II program. The City researched existing ordinances, guidance manuals, materials, best management practices (BMPs), and current programs, and participated in the North Central Texas Council of Governments (NCTCOG) stormwater workshops during 2001 and 2002 prior to selecting the BMPs for the initial program. The City evaluated the BMPs selected for the initial SWMP to determine the most applicable, effective, and cost -effective BMPs for the revised SWMP in 2013 and again in 2019. The City has adapted or replaced BMPs that have been problematic or ineffective in the past, as indicated in the annual reports submitted to the TCEQ. Additional BMPs, called Targeted Controls, have been added to address the concern of bacteria impairment of the Trinity River watershed. The BMPs have been re-categorized and renumbered since the initial SWMP to match the new minimum control measures (MCMs) as specified by the TCEQ in the TPDES General Permit. The BMPs and measurable goals were selected based on the City’s ability to effectively implement them in a way that is consistent with the City’s needs, resources, and circumstances. City of Coppell Stormwater Management Program Page 4 July 2019 1.2 LEGAL AUTHORITY The Coppell City Council adopted the initial SWMP through a resolution on January 22, 2008. A subsequent SWMP was adopted by the Coppell City Council through a resolution on May 27, 2014. The Coppell City Council adopted this current SWMP through a resolution on July 9, 201 9. A copy of the resolution is located in Appendix D. The City of Coppell manages runoff issues through an ordinance to authorize a stormwater management program. The City, through adoption of Ordinance 2004-1070 has established a municipal drainage system and a schedule of charges for all real property. Fees collected from the utility charges are used to pay for, and fully implement this SWMP. The City, through adoption Article 15, Chapter 15-15 of Ordinance 2012-1312 has regulated discharges into the Municipal Separate Storm Sewer System (MS4) and surface water within the City of Coppell, Texas. Entitled "Stormwater Quality Management and Illicit Discharge Code", Article 15-15 is in compliance with TCEQ Rules and Regulations for MS4s, and will be enforced as such. City of Coppell Stormwater Management Program Page 5 July 2019 1.3 BMP SELECTION The TPDES General Permit issued by the TCEQ on January 24th of 2019 lists five (5) required Minimum Control Measures (MCMs) to be implemented by the owner and operator of a Level 2 Small MS4. The MCMs are as follows: 1. Public Education, Outreach, and Involvement 2. Illicit Discharge Detection and Elimination 3. Construction Site Stormwater Runoff Control 4. Post Construction Stormwater Management in New Development and Redevelopment 5. Pollution Prevention and Good Housekeeping for Municipal Operations The program outlines the Minimum Control Measures to prevent stormwater pollution as required by the TPDES General Permit. The program details the existing Best Management Practices (BMPs) currently implemented by the City of Coppell and details the future enhancement of the existing BMPs and the resulting measurable goals that can be achieved, which will lead to reductions in pollutants discharged to the storm sewer system. A summary table of the implementation of each Minimum Control Measure (MCM) and associated BMP is located in Section 2.6 of the SWMP, following the descriptions of each MCM in Sections 2.1-2.5. The tables outline the implementation schedule over the 5 -year permit term. Unless otherwise specified, the implementation schedule is to be completed by December 31 st of each permit year. Section 2.0 addresses the following Permit Requirements for the SWMP pertaining to each MCM: • The existing BMPs currently implemented by the City of Coppell. • Details of existing BMPs and/or the addition of one or more BMPs, denoted by a plus sign (+). • Identifies the Targeted Controls (bacteria-focused BMPs) that aim to reduce bacteria loading in surface waters, denoted by an asterisk (*). Targeted Controls BMPs are described in Table 7. • Measurable goals for each BMP. • The responsible City Department and/or personnel responsible for implementation. • A schedule for the implementation of the BMPs of the 5 -year term of the permit. • Summary of information to be included in the SWMP Annual Report. Key City of Coppell ordinances and guidance that may be affected by the Stormwater Management Program are: • Subdivision Ordinance (Ordinance No. 94643) • Erosion and Sedimentation Control Code Ordinance (Ordinance No. 91514) • Comprehensive Zoning Ordinance (Ordinance No. 91500) • Storm Drainage Design Criteria (Referred to in Ordinance No. 94643) • Standard Construction Details Code (Ordinance No. 94646) • Floodplain Management Ordinance (Ordinance No. 2001-952) • Stormwater Quality Management and Illicit Discharge Code (Ordinance No. 2012-1312) City of Coppell Stormwater Management Program Page 6 July 2019 The above referenced ordinances and guida nce may need revising to address elements of the new Stormwater Management Program. City of Coppell Stormwater Management Program Page 7 July 2019 1.4 SELECTION OF BENCHMARK AND TARGETED CONTROLS In 2006, the Texas Commission on Environmental Quality (TCEQ) first identified that a total maximum daily load (TMDL) was necessary for Cottonwood Branch within the City of Irving and Grapevine Creek within the City of Coppell, where concentrations of indicator bacteria exceeded the criteria used to evaluate attainment of the contact recreation use. The impairments were included in the 2006 version of the Texas Water Quality Inventory and 303(d) List . The impairments were included in the 2014 Texas Integrated Report of Surface Water Quality which satisfies the requirements of the federal Clean Water Act Sections 305(b) and 303(d). The 2014 lists of impaired waters were adopted by the Commission on June 3, 2015 and approved by the EPA on November 19, 2015. Grapevine Creek (Segment 0822B) is an urban creek, running through the City of Coppell, and is a tributary to the Elm Fork Trin ity River south of Lake Lewisville. The Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region (commonly known as the Implementation Plan or I-Plan), approved by the TCEQ on December 11, 2013, describes the steps watershed stakeholders and the TCEQ will take toward achieving pollutant reductions in these surface waters. Some BMPs incorporate the Implementation Strategies described in the I - Plan. The City of Coppell is located within the watershed for Grapevine Creek (Segment 0822B_01), which is an impaired water body with a Total Maximum Daily Load (TMDL) associated with it for bacteria. Because of this, the City must meet requirements in Part II.D.4 of the general permit for "Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements". A benchmark must be determined along with targeted controls to address implementation towards reducing bacteria levels. "Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region" was developed to address steps toward reducing bacteria levels within the Trinity River Region. The original implementation plan (I-Plan) was approved by the TCEQ on December 11, 2013, and addresses impleme ntation strategies for reducing bacteria levels in the watershed. The I-Plan was revised by the TMDL Coordination Committee, stakeholders within the TMDL, on June 15, 2017. The TMDL Coordination Committee periodically assess the I -Plan for efficiency and e ffectiveness of the implementation strategies. The City of Coppell is located in Assessment Unit 0822B_01. The location of the City of Coppell and the known bacterial threats posed to Grapevine Creek were taken into account for the determination of BMPs included in this SWMP. The TCEQ determines whether water quality in a water body meets the primary contact recreation use by measuring the levels of indicator bacteria. E. coli are the preferred indicator bacteria for assessment for recreational use in fresh water and were used for analysis to support total maximum daily load (TMDL) development on water bodies in the Greater Trinity River region. In accordance with the general permit requirements, a benchmark must be determined. Benchmarks are designed to assist in determining if the BMPs established are effective in addressing the pollutant of concern in stormwater discharges from the MS4 to the maximum extent practicable. The benchmark is intended to be a guideline for evaluating progress towards reducing pollutant discharges. City of Coppell Stormwater Management Program Page 8 July 2019 The City has elected to use the Waste Load Allocations (WLA) identified in the I -Plan as shown in Table 1 to determine a benchmark. All loads are expressed as billion MPN/day, where MPN represents the most probable number Table 1. TMDL Allocations for the Impaired Assessment Unit within Coppell, Texas Assessment Unit Segment Name TMDL WLA WWTF b WLASW c LAUSL MOSd FGe 0822B_01 Grapevine Creek 196.22 0.00 157.60 28.34 9.81 0.46 aWLAWWTF = waste load allocation for wastewater treatment facilities bWLASW = waste load allocation for permitted stormwater cLAUSL = upstream load application entering the assessment unit dMOS = Margin of safety load eFG = future growth loads The waste load allocation for permitted stormwater (WLASW) will serve as the benchmark for each stream. The benchmark for Grapevine Creek is 157.60 MPN/day. The City must also identify an assessment plan to monitor progress as well as Targeted Controls as a part of the SWMP. Targeted controls are BMPs with measur able goals focused specifically on bacteria as the pollutant of concern. City of Coppell Stormwater Management Program Page 9 July 2019 1.5 EVALUATION AND REPORTING REQUIREMENTS The selected measurable goals for each BMP will be evaluated on an annual basis and documented in the annual report. The City has elected to use the calendar year for the annual reporting year. The City of Coppell, in association with the NDCFCD, will submit a concise annual report for each year. The report will include the status of compliance with the permit conditions, an assessment of the appropriateness of the BMPs and progress towards achieving the measurable goals for each of the minimum control measures. Progress toward the selected TMDL benchmark will also be evaluated on an annual basis. A qualitative approach will be used by the City to evaluate program implementation measures on an annual basis. The City will assess progress by using program implementation indicators that could include evaluations such as: • Number of sources identified or eliminated • Decrease in number of illegal dumping • Increase in illegal dumping reporting • Number of educational opportunities conducted • Reductions in sanitary sewer overflows (SSOs) • Increase in illegal discharge detection through dry screening If no progress towards the benchmark either from program implementation or water quality assessments is observed by the end of the third year from the effective date of the permit, the City will need to identify alternative focused BMPs to address new or increased efforts towards the benchmark. If appropriate, the City will develop a new approach to identify the most significant sources of bacteria and will develop alternative focused BMPs for those. City of Coppell Stormwater Management Program Page 10 July 2019 2.0 MINIMUM CONTROL MEASURES 2.1 PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT 2.1.1 Permit Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: a) Public Education and Outreach 1) All permittees shall develop, implement, and maintain a comprehensive stormwater education and outreach program to educate public employees, businesses, and the general public of hazards associated with the illegal discharges and improper disposal of waste and about the impact that stormwater discharges can have on local waterways, as well as the steps that the public can take to reduce pollutants in stormwater. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. The program must, at a minimum: (a) Define the goals and objectives of the program based on high priority community-wide issues (for example, reduction of nitrogen in discharges from the small MS4, promoting previous techniques used in the small MS4, or improving the quality of discharges to the Edwards Aquifer); (b) Identify the target audience(s); (c) Develop or utilize appropriate educational materials, such as printed materials, billboard and mass transit advertisements, signage at select locations, radio advertisements, television advertisements, and websites; (d) Determine cost effective and practical methods and procedures for distribution of materials. 2) Throughout the permit term, all permittees shall make the educational materials available to convey the program's message to the target audience(s) at least annually. 3) If the permittee has a public website, the permit tee shall post its SWMP and the annual reports required under Part IV.B.2. or a summary of the annual report on the permittee’s website. The SWMP must be posted no later than 30 days after the approval date, and the annual report no later than 30 days after the due date. 4) All permittees shall annually review and update the SWMP and MCM implementation procedures required by Part III.A.2, as necessary. Any changes must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. City of Coppell Stormwater Management Program Page 11 July 2019 5) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the required outreach. b) Public Involvement All permittees shall involve the public, and, at a minimum, comply with any state and local public notice requirements in the planning and implementation activities related to developing and implementing the SWMP, except that correctional facilities are not required to implement this po rtion of the MCM. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. At a minimum, all permittees shall: 1) Consider using public input (for example, the opportunity for public comment, or public meetings) in the implementation of the program; 2) Create opportunities for citizens to participate in the implementation of control measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring, volunteer "Adopt-A-Highway" programs, and educational activities; 3) Ensure the public can easily find information about the SWMP. City of Coppell Stormwater Management Program Page 12 July 2019 2.1.2 Public Education, Outreach, and Involvement Programs and BMPs The goals and o bjectives of this MCM are to educate the residents of the City of Coppell through educational and outreach programs, and explain how residents can be involved in the efforts of this stormwater management program. The City is currently providing public education, outreach, and involvement programs associated with stormwater issues to residents in the following ways: The public was invited to participate in the development of the initial SWMP. An article detailing the SWMP was posted on the City of Coppell webpage in November 2002. The article informed readers about the upcoming regulations and the original six minimum and one optional control measures. The SWMP was presented to the City Council during the work session on January 8, 2008. The finalized SWMP was presented to the City Council on January 22, 2008 and adopted by the City. Both meetings were open to the public and provided an opportunity to discuss various viewpoints and provide input concerning appropriate stormwater management policies and BMPs. The SWMP was revised in May 2014 to meet new requirements for the permit issued on December 13, 2013. The revised SWMP was approved by the City Council on May 27, 2014. The new finalized SWMP was presented to the City Council on July 9, 2019 and adopted by the City. The City implements BMPs that target homeowners, community businesses, and the general public. The ultimate goal of educational BMPs is to raise citizen awareness of common daily activities, such as illegal dumping and yard care, which can adversely impact water quality and to prevent those seemingly harmless activities from becoming causes of water pollution. To comply with the requirements of the TPDES General Permit, each BMP will have associated Measurable Goals. Each BMP will have oversight of the appropriate City Staff and the measurable goals will be documented and included in the SWMP Annual Report. The public will be included in continued development, review, and implementation of the SWMP. The City of Coppell implements BMPs that promote public education, outreach, and involvement. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Tab le 2. 2.1.3 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining to Public Education, Outreach, and Involvement. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Documentation of announcements, agendas and handouts from the Texas SmartScape classes. • Visitor counts for the Coppell Community Gardens. • Documentation from the “Keep Coppell Beautiful Committee” meetings. • Documentation of stormwater related faxes and information associated with the information hotline, as well as written transcripts of any stormwater related messages left by callers. • Count of the number of storm drain markers placed on residential inlets. • Documentation of the City Desk Newsletters containing stormwater information. City of Coppell Stormwater Management Program Page 13 July 2019 • Summary of the web page containing stormwater information. • Documentation of announcements, agendas and minutes from all public hearings and meetings pertaining to stormwater management. • Summary of the web page showing posting of the SWMP and Annual Report. • Documentation of any written comments or input from the Public pertaining to stormwater management along with documentation of the City Staff’s response. • Documentation of review of bacteria-specific public education materials. City of Coppell Stormwater Management Program Page 14 July 2019 2.2 ILLICIT DISCHARGE DETECTION AND ELIMINATION 2.2.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Program Development (1) All permittees shall develop, implement , and enforce a program to detect, investigate, and eliminate illicit discharges into the small MS4. The program must include a plan to detect and address non-stormwater discharges, including illegal dumping to the MS4 system. Existing permittees must assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly re gulated permittees shall have the program fully implemented by the end of this permit term (See also Part III.A.1(c)). The Illicit Discharge Detection and Elimination (IDDE) program must include the following: a. An up-to-date MS4 map (see Part III.B.2.(c)(1)); b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2)); c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5)); d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5)); e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any leaking on-site sewage disposal systems that discharge into the small MS4; f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4 likely to have illicit discharges, and a list of all such areas identified in the small MS4 (See Part III.B.2.(e)(1)); g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part III.B.2.(e)( 2)); and h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the MS4. (See Part III.B.2.(e)(3). (2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed related to another operator’s MS4, the permittee shall notify the other MS4 operator within 48 hours of discovery. If notification to the other MS4 operator is not practicable, then the permittee shall notify the appropriate TCEQ Regional Office of the possible illicit connection or illicit discharge. (3) If another MS4 operator notifies the permit tee of an illegal connection or illicit discharge to the small MS4, then the permittee shall follow the requirements specified in Part III.B.2.(c)(3). (4) All permittees shall annually review and update as necessary, the SWMP and MCM City of Coppell Stormwater Management Program Page 15 July 2019 implementation procedures required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. (b) Allowable Non-Stormwater Discharges Non-stormwater flows listed in Part II.C do not need to be considered by the permittee as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the small MS4. (c) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6) (1) MS4 mapping All permittees shall maintain an up-to-date MS4 map, which must be located on site and available for review by the TCEQ. The MS4 map must show at a minimum the following information: a. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of the U.S; b. The location and name of all surface waters receiving discharges from the small MS4 outfalls; and c. Priority areas identified under Part III.B.2.(e)(1), if applicable. (2) Education and Training All permittees shall implement a method for informing or training all the permittee’s field staff that may come into contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal job responsibilities. Training program materials and attendance lists must be maintained on site and made available for review by the TCEQ. (3) Public Reporting of Illicit Discharges and Spills All permittees shall publicize and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central contact point to receive reports; for example by including a phone number for complaints and spill reporting. (4) All permittees shall develop and maintain on-site procedures for responding to illicit discharges and spills. (5) Source Investigation and Elimination a. Minimum Investigation Require ments – Upon becoming aware of an illicit discharge, all permittees shall conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable. (i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For example, sanitary sewage may be considered a high priority discharge. City of Coppell Stormwater Management Program Page 16 July 2019 (ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any illicit flows believed to be an immediate threat to human health or the environment. (iii) All permittees shall track all investigations and document, at a minimum, the date(s) the illicit discharge was observed; the results of the investigation; any follow -up of the investigation; and the date the investigation was closed. b. Identification and Investigation of the Source of the Illicit Discharge –All permittees shall investigate and document the source of illicit discharges where the permittees jurisdiction to complete such an investigation. If the source of illic it discharge extends outside the permittee’s boundary, all permittees shall notify the adjacent permitted MS4 operator or the appropriate TCEQ Regional Office according to Part III.A.3.b. c. Corrective Action to Eliminate Illicit Discharge If and when the source of the illicit discharge has been determined, all permittees shall immediately notify the responsible party of the problem, and shall require the responsible party to perform all necessary corrective actions to eliminate the illicit discharge. (6) Inspections – The permittee shall conduct inspections, in response to complaints, and shall conduct follow-up inspections to ensure that corrective measures have been implemented by the responsible party. The permitt ee shall develop written procedures describing the basis for conducting inspections in response to complaints and conducting follow-up inspections. 2.2.2 Illicit Discharge Detection and Elimination Programs and BMPs Enforcement : Coppell relies on the following ordinances as legal authority to prevent spills, dumping, or disposal of materials on the roadways and on public and private property, which includes the storm sewer and drainage systems: 1. It shall be unlawful for any person to deposit garbage, trash, rubbish, discarded building materials, waste from building sites, stagnant water or dead animals upon or along any drain, gutter, alley, sidewalk, street, or vacant lot, or upon any public or private premises within the corporate limits of the city. It is unlawful for any person owning or being in charge of property within the city to allow such property to be used as a landfill without express authority from the city council and the issuance of a permit by the City. This provision does not, however, apply to the use of fill composed of dirt, sand and gravel (Ord. No. 92559: Anti-Litter Regulations). 2. It shall be unlawful for any person while driving or a passenger in a vehicle to throw or deposit inorganic trash, garbage or rubbish of any kind upon any street, street right - of- way, or other public place within the city or upon private property. Any person who drops or permits to be dropped or thrown upon any street any trash, rubbish or injurious metal material shall immediat ely remove the same or cause it to be removed (Ord. No. 92559: Anti-Litter Regulations). City of Coppell Stormwater Management Program Page 17 July 2019 3. It shall be unlawful for any person to drive or move any truck or other vehicle within the city, unless such vehicle, is so constructed or loaded so as to prevent any load contents, including trash, rubbish or garbage from being blown or deposited upon any street, street right-of-way, alley, or any other public or private property within the city. (Ord. No. 92559: Anti-Litter Regulations) 4. It shall be considered a public nuisance and shall be unlawful to permit or allow an animal to defecate upon private or public property other than the property of the owner of said animal; and to fail to remove and dispose of in a sanitary manner any feces left by such animal (Ord. No. 95687: Animal Services). 5. Unless authorized by the Texas Commission on Environmental Quality (TCEQ), no person shall deposit or discharge any waste on public or private property into or adjacent to any natural outlet, watercourse, storm sewer, or any other area within the jurisdiction of the City of Coppell (Ord. No. 95698: Industrial Waste and Sewer Use Regulations). 6. The City of Coppell will establish a schedule of drainage charges against all real property in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter 402 of the TEXAS LOCAL GOVERNMENT CODE. The City will provide drainage for all real property within the city on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law. The City will offer such drainage service on nondiscriminatory, reasonable and equitable terms (Ord. No. 2004-1070: Municipal Drainage Utility Systems). 7. The City of Coppell shall comply with, enforce, and adopt all applicable Federal regulations pertaining to stormwater discharges from regulated small MS4's. The ordinance is in compliance with all applicable Federal laws including the Clean Water act and the National Pollutant Discharge Elimination System (NPDES) regulations, and all Texas Pollutant Discharge Elimination System (TPDES) permits and requirements which control discharges of pollutants to surface waters (Ord. No. 2012 -1312: Stormwater Quality Management and Illicit Discharge Code). The Engineering Department, Environmental Hea lth Division, Building Inspections Department, and the Police Department enforce the above mentioned laws and ordinances that protect the stormwater drainage systems from spills and illegal dumping. Detection and Elimination: The City currently uses the preventive practices of thorough inspection and verification during the entire construction phase to try and avoid the need for more extensive detection of illicit connections. The Environmental Health Division and/or the Building Inspections Department respond to reports of illicit connections at the time they are reported. Allowable Non-Stormwater Discharges: The City of Coppell understands that there are allowable non-stormwater discharges that enter the storm sewer and drainage systems. At present, the City will only allow the non- stormwater discharges listed in Part II.C of the TPDES General Permit (copy located in Appendix E) to be excluded as an illicit discharge. Any other non-stormwater discharge will be considered for exclusion as an illicit discharge on a case-by-case basis. City of Coppell Stormwater Management Program Page 18 July 2019 Storm Sewer Map: The Engineering Department has mapped the existing storm sewer and roadway systems in a GIS format from as-built construction plans and City records. Approximately 88 miles of storm sewer pipe that are owned and maintained by the City of Coppell and the NDCFCD are currently mapped. The GIS map attributes include the location, length, size, age, and type of material of the pipes and the location, size and type of the inlet structures. The City of Coppell implements BMPs that promote illicit discharge detection and elimination. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 3. City of Coppell Stormwater Management Program Page 19 July 2019 2.2.3 Annual Reporting The Cit y of Coppell will document all of the SWMP activities pertaining to Illicit Discharge Detection and Elimination. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Documentation of any co mpleted and submitted Water Quality Observation Cards. • Documentation of any Ordinance or Ordinance Revisions regarding enforcement of stormwater issues. • Documentation of any corrective actions taken by the City of remove illicit connections and discontinue illicit discharges • Documentation of any public records regarding enforcement actions required to remove illicit connections and discontinue illicit discharges. • Documentation and description of any non-listed allowable non-storm water discharge t hat was considered and accepted on a case-by-case basis. • General descriptions of modifications and updates to the storm sewer map. • Documentation of citizen complaints received and addressed through the hotline, and the number of corrective actions taken. City of Coppell Stormwater Management Program Page 20 July 2019 2.3 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL 2.3.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Requirements and Control Measures (1) All permittees shall develop, implement, and enforce a program requiring operators of small and large construction activities, as defined in Part I of this general permit, to select, install, implement, and maintain stormwater control measures that prevent illicit discharges to the MEP. The program must include the development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure compliance to the extent allowable under state, federal, and local law, to require erosion and sediment control. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. If TCEQ waives requirements for stormwater discharges associated with small construction from a specific site(s), the permittee is not requir ed to enforce the program to reduce pollutant discharges from such site(s). (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be maintained on site or in the SWMP and made available for inspection by the TCEQ. (2) All permittees shall require that construction site operators implement appropriate erosion and sediment control BMPs. The permittee’s construction program must ensure the following minimum requirements are effectively implemented for all small and large construction activities discharging to its small MS4. a. Erosion and Sediment Controls - Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. b. Soil Stabilization - 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. In arid, semiarid, and drought stricken areas, where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed. City of Coppell Stormwater Management Program Page 21 July 2019 The permittee shall develop written procedures that describes initiating and completing stabilization measures for construction sites. c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the discharge of pollutants to the small MS4. At a minimum, such BMPs must be designed, installed, implemented and maintained to: (i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters; (ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertiliz ers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and (iii) Minimize the discharge of pollutants from spills and leaks. d. As an alternative to (a) through (c) above, all permittees s hall ensure that all small and large construction activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention plan (SWP3) in accordance with the TPDES CGP TXR150000. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed and described in the written procedure required in item (2)b. above. As an alternative, vegetative stabilization measures may be implemented as soon as practicable. 2.3.2 Construction Site Stormwater Runoff Control Programs and BMPs Coppell enforces the following ordinances to reduce pollutants in any stormwater runoff to the storm sewer system from construction activities: 1. The City of Coppell has adopted Ordinance No. 91514, an Erosion and Sedimentation Control Code to reduce erosion and sedimentation from private property onto public places and public right -of-way. The code applies to any person, firm, corporation or business proposing to develop land or improve property within the City. It requires the developers to submit a plan that contains structural and operational BMPs and all other measures to reduce sedimentation in streams, waterways, storm drains, etc., protect the quality of water in Coppell, and provide for restoration of sites to reduce the negative environmental impacts of construction. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. In addition, the plan must be submitted to the City Engineer for approval prior to the commencement of construction and must be included in the engineering construction plans. Stormwater controls are included in City inspections and noncompliance can be a cause for the City to issue a stop work order until the situation is remedied. The developer must provide a surety to the City to ensure that vegetative cover and other permanent erosion control measures are installed, maintained, and functioning properly for up to a two year period from the date of final acceptance. Any person found guilty of violating any of the provisions of the Code are subject to fines. City of Coppell Stormwater Management Program Page 22 July 2019 2. Ordinance No. 92559, Anti-Litter Regulations, declares it unlawful for the owner of the property, the developer of the property, the contractor and the franchise utility to allow litter, spillage, or tracking of dirt or other construction related material to occur throughthe transportation of construction/related trucks to and from construction sites anywhere within the city limits of City of Coppell. If a litter -free construction area has not been maintained, and a warning by the proper City official has been given, the violator shall have until 5:00 p.m. the day of the warning to address the problem. If no action is forthcomi ng, a citation shall be issued. Each construction site shall contain a trash bin that will contain a minimum of 216 cubic feet of trash. 3. Ordinance No. 91500-A-203 contains The Tree Preservation Requirements of the Comprehensive Zoning Ordinance provided for greater tree preservation and protection. Established trees provide important erosion control along drainage ways. The ordinance establishes rules and regulations governing the protection and preservation of established trees growing within the City, and regulates the removal and replanting of trees during development, construction and redevelopment. A tree removal permit is required when removal is deemed necessary. Assistance is provided to property owners, developers, and builders in understanding pro per guidelines, methods, and regulations of tree preservation and protection within the city. The City Manager or his designee issues a notice of violation to persons firms, and corporations failing to comply with provisions of the ordinance which are adjudicated through the municipal court system. The Planning, and Parks and Recreation Departments, as part of the DRC, review all private plans for compliance with the Tree Preservation Requirements. The Engineering Department, as part of the DRC, reviews all public and private construction plans for compliance with the erosion and sedimentation and litter control ordinances. They also review the plans with regard to potential water quality impacts. This department reviews and approves the civil plans and iss ues development permits for new construction. A pre-construction meeting is required for all public and private projects. The engineering inspector with responsibility for construction inspection of the project conducts the meeting and outlines sediment and erosion control requirements to the developer and the contractor. The frequency of inspections is based on construction activity at the site, or in response to observations by City staff or citizen complaints. The City of Coppell implements BMPs that promote construction site stormwater runoff control. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 4. 2.3.3 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining to Construction Site Stormwater Runoff Control. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Documentation of proposed and/or adopted Ordinances or amended ordinances that impact construction runoff control. • Procedures for review of contractor stormwater BMPs. • Documentation of construction site visits. City of Coppell Stormwater Management Program Page 23 July 2019 • Documentation of enforcement actions or stop-work notifications issued to contractors. • Documentation of any citizen or public complaints related to construction site runoff. • Documentation of any illicit discharges. • Documentation of excessive discharges of pollution from spills and/or leaks. • Documentation of annual MS4 training program. City of Coppell Stormwater Management Program Page 24 July 2019 2.4 POST CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 2.4.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Post -Construction Stormwater Management Program (1) All permittees shall develop, implement, and enforce a program, to the extent allowable under state, federal, and local law, to control stormwater discharges from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part of a larger common plan of development or sale. The program must be established for private and public development sites. The program may utilize an offsite mitigation and payment in lieu of components to address this requirement. Existing permittees shall assess program elements that were described in the previous permit and modify as necessary to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of the permit term. (2) All permittees shall use, to the extent allowable under state, federal, and local law and local development standards, an ordinance or other regulatory mechanism to address post - construction runoff from new development and redevelopment projects. The permittees shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protects water quality. If the construction of permanent structures is not feasible due to space limitations, health and safety concerns, cost effectiveness, or highway construction codes, the permittee may propose an alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented by the end of the permit term. (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be maintained either on site or in the SWMP and made available for inspection by TCEQ. (2) All permittees shall document and maintain records of enforcement actions and make them available for review by the TCEQ. (3) Long-Term Maintenance of Post -Construction Stormwater Control Measures City of Coppell Stormwater Management Program Page 25 July 2019 All permittees shall, to the extent allowable under state, federal, and local law, ensure the long-term operation and maintenance of structural stormwater control measures installed through one or both of the following approaches: a. Maintenance performed by the permittee. See Part III.B.5 b. Maintenance performed by the owner or operator of a new development or redeveloped site under a maintenance plan. The maintenance plan must be filed in the real property records of the county in which the property is located. The permittee shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site. The permittee shall require operation and maintenance performed is documented and retained on site, such as at the offices of the owner or operator, and made available for review by the s mall MS4. 2.4.2 Post Construction Stormwater Management in New Development and Redevelopment Programs and BMPs Coppell relies on the following ordinances as legal authority to address stormwater runoff from new development and redevelopment: 1. Ordinance 2001-952: The Floodplain Management Ordinance to provide for the comprehensive management of floodplain in the city limits. The Floodplain Administrator administers the ordinance and enforces improvements to local drainage within new developments to control increased runoff that might increase the danger of flood hazards to user or other properties adjacent to, downstream, or upstream of the development. This includes the use of detention basins to limit runoff to predevelopment levels. A Flood Plain Permit is required for all new construction, development, and encroachments within the floodplain. The permit requires that hydrologic and hydraulic analyses clearly defining existing conditions, proposed conditions and impacts of the project, including work ma ps and stream profiles upstream and downstream of the site for sufficient distances be provided. A narrative or plan must be provided that depicts temporary and permanent erosion controls to protect disturbed and post-development floodplain over bank or channel areas and minimize long-term flood-related erosion. Violation of the provisions of this ordinance by failure to comply with any of its requirements shall constitute a misdemeanor and be subject to a fine. 2. Ordinance 94643: The Subdivision Ordinance prescribes rules and regulations governing plats and subdivisions of land within the corporate limits. Drainage and storm sewer systems shall be designed and constructed in conformance with the provisions of the “Design Manual for Storm Drainage Facilities” published by the City of Dallas and related City of Coppell ordinances. Natural creeks may remain in open natural condition or excavated channels may be constructed provided they meet all necessary design criteria. The excavated channel must be landscaped so as to conform to the minimum standard established in the approved Streetscape Plan. Creeks or excavated channels with slopes steeper than 4:1 must be maintained by a maintenance entity other than individual lot owners. This area of the floodway may be provided to the City as a park or floodway City of Coppell Stormwater Management Program Page 26 July 2019 management area. Lakes, detention ponds and retention ponds may be constructed in all areas provided they meet all necessary design criteria and are approved by the City Engineer. The ordinance provides for commu nity parks as a function of subdivision development in the City. Each subdivision plat must dedicate one acre for each 100 proposed dwelling units. If fewer than 100 units are proposed, the developer is required to pay cash in lieu of dedication of land. The Streetscape Plan provides for landscaping in setbacks, medians, entries, and at other special street conditions in Coppell. 3. Ordinance No. 91599-A-30, Ordinance No. 91500-A-105, and Ordinance No. 91500- A- 276 under the Landscape Regulations of the Comp rehensive Zoning Ordinance establish certain regulations pertaining to landscaping. A minimum of 10% of the area utilized for off-street parking and loading must be devoted to living landscaping, a minimum of one tree must be planted for each 400 square feet, and planting islands must be in an amount not less than 12% of the parking spaces. A landscape buffer must be provided along all property lines. A 15-foot buffer is required along public streets and a 10-foot buffer is required along an alley. One tree is required every 50 linear feet. In all non- residential zoning districts, there shall be an area devoted to feature landscaping. The size of that area must be at least 15% of that portion of the lot not covered by a building or by building features. Prior to issuance of a certificate of occupancy for any building or structure, all screening and landscaping must be in place in accordance with the landscape plan. 4. The City has adopted the Parks and Recreation Open Space Master Plan. The purpose of this master plan is to provide a guide for the orderly future development of Coppell's park and recreation system. It provides for the preservation of open space within the City. The Planning, Engineering, and Parks and Recreation Departments and the Floodplain Administrator, as part of the DRC, review all private plans to ensure compliance with the above - mentioned ordinances and guidance documents. The City of Coppell implements BMPs that promote post -construction stormwater management for new development and redevelopment programs. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 5. 2.4.3 Annual Reporting The City of Coppell will document all of the SWMP act ivities pertaining Post Construction Stormwater Management in New Development and Redevelopment. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Document proposed and adopted ordinance amendments. • Document plan review and inspection procedures. • Document compliance and non-compliance with new maintenance plan after it has been enforced. City of Coppell Stormwater Management Program Page 27 July 2019 • Document non-compliance with required inclusion of structural and non-structural BMPS which prot ect water quality. • Document and maintain records of enforcement action. City of Coppell Stormwater Management Program Page 28 July 2019 2.5 POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 2.5.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Program development All permittees shall develop and implement an operation and maintenance program, including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities and municipally owned areas including but not limited to park and open space maintenance; street, road, or highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer stations; and salt/sand storage locations. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharges of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. See also Part III.A.1.(c)) (b) Requirements for all Permittees All permit tees shall include the requirements described below in Parts III.B.5.(1)-(6) in the program: (1) Permittee-owned Facilities and Control Inventory All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and operates within the regulated area of the small MS4. The inventory must include all applicable permit numbers, registration numbers, and authorizations for each facility or controls. The inventory must be available for review by TCEQ and must include, but is not limited, to the following, as applicable: a. Composting facilities; b. Equipment storage and maintenance facilities; c. Fuel storage facilities; d. Hazardous waste disposal facilities; e. Hazardous waste handling and transfer facilities; f. Incinerators; g. Landfills; h. Materials storage yards; i. Pesticide storage facilities; j. Buildings, including schools, libraries, police stations, fire stations, and office City of Coppell Stormwater Management Program Page 29 July 2019 buildings; k. Parking lots; l. Golf courses; m. Swimming pools; n. Public works yards; o. Recycling facilities; p. Salt storage facilities; q. Solid waste handling and transfer facilities; r. Street repair and maintenance sites; s. Vehicle storage and maintenance yards; and t. Structural stormwater controls. (2) Training and Education All permittees shall inform or train appropriate employees involved in implementing pollution prevention and good housekeeping practices. All permittees shall maintain a training attendance list for inspection by TCEQ when requested. (3) Disposal of Waste Material - Waste materials removed from the small MS4 must be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable. (4) Contractor Requirements and Oversight a. Any contractors hired by the permittee to perform maintenance activities on permittee- owned facilities must be contractually required to comply with all of the stormwater control measures, good housekeeping practices, and facility specific stormwater management operating procedures described in Parts III B.5. (b)(2)-(6). b. All permittees shall provide oversight of contractor activities to ensure that contractors are using appropriate control measures and SOPs. Oversight procedures must be maintained on-site and made available for inspection by TCEQ. (5) Municipal Operation and Maintenance Activities a. Assessment of permittee-owned operations All permittees shall evaluate operation and maintenance (O&M) activities for their potential to discharge pollutants in stormwater, including but not limited to: (i) Road and parking lot maintenance, including such areas as pothole repair, pavement marking, sealing, and re-paving; (ii) Bridge maintenance, including such areas as re-chipping, grinding, and saw cutting; (iii) Cold weather operations, including plow ing, sanding, and application of deicing and anti-icing compounds and maintenance of snow disposal areas; and City of Coppell Stormwater Management Program Page 30 July 2019 (iv) Right-of-way maintenance, including mowing, herbicide and pesticide application, and planting vegetation. b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities (for example, metals; chlorides; hydrocarbons such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash). c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the discharge of pollutants in stormwater from the above activities. These pollution prevention measures may include the following examples: (i) Replacing materials and chemicals with more environmentally benign materials or me thods; (ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from entering surface waters; and (iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent discharge into surface waters. d. Inspection of pollution prevention measures - All pollution prevention measures implemented at permittee-owned facilities must be visually inspected to ensure they are working properly. The permittee shall develop written procedures that describes frequency of inspections and how they will be conducted. A log of inspections must be maintained and made available for review by the TCEQ upon request. (6) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed by the permittee and consistent with maintaining the effectiveness of the BMP. The permittee shall develop written procedures that define the frequency of inspections and how they will be conducted. 2.5.2 Municipal Operations and Facilities Covered Under the SWMP The City of Coppell performs the following operations that are impacted and covered by this SWMP: 1. Park and open space maintenance; 2. Street, road, or highway maintenance; 3. Fleet and building maintenance; 4. Stormwater system maintenance; 5. New construction and land disturbances; 6. Water distribution; 7. Wastewater collection; 8. Emergency operations (police, fire, EMS). City of Coppell Stormwater Management Program Page 31 July 2019 The following table lists the names and locations of City owned and ope rated facilities that are impacted and covered by this SWMP: Table 2.5.1: City Facilities Facility Type Facility Location Buildings Animal Shelter 821 S. Coppell Road Aquatic Center 234 E. Parkway Blvd Arts Center 157 S. Moore Biodiversity Center 367 Freeport Parkway Columbarium 345 Freeport Parkway Coppell Service Center 816 S. Coppell Road Fire Station #1 520 Southwestern Fire Station #2 366 MacArthur Fire Station #3 133 Parkway Justice Center 130 Town Center Blvd Library 177 N Heartz Grapevine Springs Community Center 345 Bethel Road Tennis Center 950 Creekview Town Center 255 E.Parkway "265 Building" 265 Parkway Utilities Village Parkway Pump Station 1101 Village Parkway Water Tower #1 Southwestern Blvd Water Tower #2 1001 Northpoint Drive Deforest Road Lift Station Sandy Lake Road Lift Station Parks Andy Brown Park Central 364 N. Denton Tap Andy Brown Park East 260 E Parkway Andy Brown Park West 363 N. Denton Tap MacArthur Park 400 S MacArthur Blvd Wagon Wheel 345 Freeport Parkway The NDCFCD will implement BMPs for pollution prevention and good housekeeping as applicable within the District. The District does not own any equipment, and any storm drain facilities located beyond the property limits of the District are the responsibility of others. The District’s facilities and infrastructure consist of a series of sumps, outfall structures, and intake structures. These are maintained as needed. 2.5.3 Pollution Prevention and Good Housekeeping for Municipal Operations Programs and Best Management Practices The City of Coppell implements BMPs that promote pollution prevention and good housekeeping measures for municipal operations. The list of Best Management Practices, BMP Description, City of Coppell Stormwater Management Program Page 32 July 2019 Person Respo nsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 6. 2.5.4 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining to Pollution Prevention and Good Housekeeping for Municipal Operations. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Listing of municipal facilities and operations that may contribute significant pollutants to the stormwater system. • Listing of existing pollution prevention structural controls, maintenance activities, maintenance schedules and long-term inspection procedures. • Documentation of any cleaning and maintenance of structural controls. • Documentation of employee training. • Documentation contractors not in compliance with required operating procedures. Following the end of each permit year, the NDCFCD will provide the annual status review along with any other relevant information such as, but not limited to, responses to any issues raised related to District facilities and maintenance activities performed. This information will be provided to the City by February 1 of each year so that the City can complete the annual report to submit to the TCEQ. City of Coppell Stormwater Management Program Page 33 July 2019 2.6 SUMMARY TABLES OF BEST MANAGEMENT PRACTICES AND TA RGETED CONTROLS 32 City of Coppell Stormwater Management Program July 2019 Unless otherwise specified, Implementation Schedule to be completed by December 31 of each permit year. * Asterisk indicates TMDL-specific BMPs. See Table 6 for Summary of Targeted Controls. + Plus sign indicates new BMP. Table 2 - Minimum Control Measure 1: Public Education, Outreach, and Involvement Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 1.1 Texas SmartScape Classes The Community Programs Supervisor (a TCEQ Yard Wise Coordinator) teaches two classes per year on Texas SmartScape. Local landscape companies are requested to send crews to learn about lawn and garden activities to reduce the impact to stormwater. The Texas SmartScape compact disc (CD) is also available to residents. Residents are informed of the classes and CD through media coverage, recreation program guides, the City Desk, the local cable channel, and the website. Community Programs Supervisor December 2019 (and then annually) ▪ Hold two classes per year on Texas SmartScape. ▪ Document the number of attendees at each event. ▪ Verify link annually on City’s Community Programs website. BMP 1.2 Community Organic Recycling Education (CORE) Program The Community Programs Office manages a Community Organic Recycling Education (CORE) program which sponsors programs on composting, lawn and garden activities, and proper organic recycling methods. CORE has a page on the City’s website. Community Programs Supervisor December 2019 (and then annually) ▪ Document number of programs sponsored by CORE each year. ▪ Document number of participants at each event. ▪ Update CORE's webpage as necessary. BMP 1.3 Coppell Community Gardens There are two Coppell Community Gardens that offer continuing education on composting, organic gardening, and proper pesticide management methods. The gardens have approximately 1,000 visitors per year. Community Programs Supervisor December 2019 (and then annually) ▪ Document each educational event and the number of attendees at each event. BMP 1.4 City Hotline The Community Programs Office coordinates information for the City’s 24-hour telephone information line. Information related to stormwater discharges includes recycling, the Community Gardens, street sweeping, and drainage maintenance. The City has the capability to fax related documents and information, and receives citizen response and request for services messages. Residents and businesses are informed of the hotline through the available brochure and the City’s website. Community Programs Supervisor December 2019 (and then annually) ▪ Document stormwater-related calls and responses. ▪ Update hotline phone number to the Stormwater Management page on the City’s website, as necessary. *BMP 1.5 Removal and Proper Disposal of Animal Feces The Parks and Recreation Department posts ordinance signs associated with the removal and proper disposal of animal feces in the City’s public parks. Parks and Recreation Department December 2019 (and then annually) ▪ Maintain ordinance signs and Dog Waste Stations. ▪ Document number of complaints regarding animal feces in public parks. BMP 1.6 Storm Drain Labeling The City is a participant in the voluntary cooperative purchase of plastic storm drain markers sponsored by NCTCOG. The Environmental Health Division is currently responsible for the placement of the storm drain markers and has previously placed Environmental Health Division December 2019 (and then annually) ▪ Review 20% storm drain markings each year. ▪ Document number and location of storm drain markers placed throughout the City. ▪ Document when storm drain markers are replaced. 33 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals approximately 130 markers. Continue labeling residential storm drain inlets with message “This Drain For Rain, Flows To Creek, Don’t Dump,” or similar message, using curb markers purchased from NCTCOG to promote awareness about storm drain outflow. The curb markers are plastic UV resistant disks that have a considerable life span. BMP 1.7 Pre-Construction Meetings The Engineering Department requires and oversees Pre- Construction meetings attended by all General Contractors performing construction within the City of Coppell. The meetings include detailed discussion of the implementation of Stormwater Pollution Prevention Plans and Sediment and Erosion Control Plans. City Engineer December 2019 (and then annually) ▪ Document Pre-Construction meetings, and the number of attendees at each meeting. BMP 1.8 Public Education/City Desk Stormwater Quality Messages The City uses the City Desk newsletter that is included in each water bill mailing to distribute messages pertaining to the Stormwater Management Program that are of interest to the general public, such as proper management of pesticides and fertilizers, prevention of littering, stormwater quality, and public reporting of illicit discharges and dumping. Utilizing the City Desk will allow the City to reach a diverse audience. The messages may be repeated periodically throughout the 5-year permit period. Community Information Officer December 2019 (and then annually) ▪ Post two stormwater quality related messages per year during each permit year in the City Desk newsletter. ▪ Distribute educational materials to the general public at City events and Farmers Market annually. ▪ Document the number of educational materials distributed. BMP 1.9 Municipal Website Stormwater Information The City uses the municipal website to inform the public about the Stormwater Management Program. The website address is:http://www.coppelltx.gov/government/departments/engineeri ng/stormwater-management. The website includes general stormwater quality information, as well as topics of interest to the general public, such as proper management of pesticides and fertilizers, prevention of littering, and public reporting of illicit discharges and dumping. The topics may be repeated periodically throughout the 5-year permit period. Community Information Officer December 2019 ▪ Review website annually and updated if necessary. December 2022 ▪ The City will create a new email address that will be dedicated for receiving questions and concerns about the program that are expressed on the website. BMP 1.10 Comply With State and Local Public Notice Requirements The City is in compliance with state and local public notice requirements when implementing a public involvement and participation program. The required public notices will be prepared and published by the City Engineer. The Community Information Officer will convey the notices to the public via local television and mailing inserts, as necessary. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Continue to provide state and local required public notices in the process of implementing a public involvement and participation program. 34 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 1.11 SWMP Available for Public Review and Comment After the City adopts the SWMP, it will be permanently posted on the website and remain open for public review and comment. Public comments and input regarding the SWMP and responses by Engineering staff will be documented. Information related to the SWMP will be posted as necessary. Community Information Officer December 2019 ▪ Provide the adopted SWMP for public review and comment on the City's website. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Document the public input regarding the SWMP and responses by Engineering staff. ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. City Engineer, Community Information Officer 30 Days after Approval Date ▪ Post SWMP Annual Report for public review on the City’s website. ▪ Post the adopted SWMP on the City’s website. *+BMP 1.12 Bacteria-Specific Public Education According to TCEQ's Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, "as funding is available, NCTCOG and stakeholders will develop or expand the availability of m ore bacteria-specific public education materials to RSWMP participants." The City will review the bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. Public Works Office, Community Information Officer December 2019 (and then annually) ▪ Review bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. 35 City of Coppell Stormwater Management Program July 2019 Table 3 - Minimum Control Measure 2: Illicit Discharge Detection and Elimination Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 2.1 Program to Detect and Eliminate Illicit Discharges The City has evaluated existing procedures and developed and implemented a program to detect and eliminate illicit discharges to the storm sewer system. Field staff from Public Works, Parks and Recreation, Environmental Health, and Engineering are provided with water quality observation cards to be carried in every City vehicle. The staff receives initial training and an annual refresher training conducted by the Engineering Department, to be aware of signs of illicit discharges. Field staff are instructed to use the observation cards to document unusual dry weather flows (those not classified as allowable non-stormwater discharges), illegal dumping, sewage overflows, or anything else unusual. Once an observation card is completed by field staff, it is submitted to the City Engineer for further investigation. Engineering staff will work to identify the source of the discharge and remove and/or correct the discharge or connection if it is within the City’s jurisdiction. If the discharge or connection originates from a private source, the proper enforcement division will be contacted to respond. A database to document the number of investigations conducted and the number of illicit connections or discharges addressed is maintained by the City Engineer. Information from the database may be transferred to the GIS storm sewer map t o help identify problem areas. City Engineer December 2019 (and then annually) ▪ Continue annual training for municipal employees and field staff to detect and eliminate illicit discharges. ▪ Maintain training program materials and attendance lists annually. ▪ Continue documenting observation cards, as necessary. ▪ Continue updating GIS storm sewer map, as necessary. ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. December 2020 ▪ Develop written procedures for conducting inspections in response to complaints and conducting follow-up inspections to ensure corrective measures have been implemented. BMP 2.2 Storm Sewer System Map The existing GIS storm sewer map will be updated with newly constructed facilities and will be expanded to include man-made channels, ditches, the location of all outfalls, and the names and location of all waters of the United States that receive discharges from those outfalls. The information for the updates will be taken from as-built construction plans, and a Global Positioning System (GPS) will be used to capture outfall locations. Citizen complaints, visual screening data, inspections, and the number of investigations will also be input into the GIS storm sewer map, and the water quality database will be updated. City Engineer December 2019 (and then annually) ▪ Continue to locate and identify the outfall structures and receiving waters of the U.S. and input data into the GIS storm sewer map. ▪ Update the existing GIS storm sewer map with stormwater quality data and new facilities, as necessary. *BMP 2.3 Illicit Discharge Ordinance The City has developed an ordinance to effectively prohibit illicit discharges and illegal dumping into the storm sewer system and implements enforcement response procedures and penalties for City Engineer December 2019 (and then annually) ▪ Continue to implement existing ordinances regarding stormwater quality and pollution mitigation, including bacteria. ▪ Sample and monitor creeks three times a year. 36 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals noncompliance. The ordinance authorizes access for municipal employees to storm sewers on private property for inspection and investigation purposes. If it is determined that any non- stormwater discharges significantly contribute pollutants, including bacteria, to the storm sewer system, the ordinance will prohibit those non-stormwater discharges. City Engineer, City Attorney December 2020 ▪ Determine if any non-stormwater discharges are pollutants and amend the Illicit Discharge Ordinance, as necessary. +BMP 2.4 Hotline for Public Reporting of Illicit Discharges The City utilizes a reporting hotline for the public to report illicit discharges. The phone number is posted on the stormwater webpage and can be accessed by calling the Engineering Department as displayed on the City of Coppell's "CONTACT US" webpage. This will facilitate the ability of the public to provide information that will assist in the detection of problem discharges. The City will continue implementing procedures for addressing information submitted by citizens on the hotline and forwarding the information to City inspectors. The City will maintain procedures for record keeping of complaints and corrective actions to be taken. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Update hotline phone number to the Stormwater Management page on the City’s website, as necessary. ▪ Continue to facilitate hotline for public reporting of illicit discharges. ▪ Document reports and complaints annually. ▪ Document the number of corrective actions taken annually. 37 City of Coppell Stormwater Management Program July 2019 Table 4 - Minimum Control Measure 3: Construction Site Stormwater Runoff Control Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 3.1 Construction Site Stormwater Runoff Control Program The City has developed and implements stormwater control measures to ensure compliance with the Phase II general permit. The City enforces effective erosion and sediment controls, soil stabilization, and BMPs for construction sites to minimize the discharge of pollutants. City Engineer December 2019 (and then annually) ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. ▪ Maintain effective erosion and sediment controls. December 2020 ▪ Develop written procedures for initiating and completing soil stabilization measures for construction sites. BMP 3.1 Erosion and Sedimentation Control Code The City has implemented existing Erosion and Sedimentation Control Code, Ord. No. 91514, to ensure compliance with the Phase II general permit. The City will review the TPDES permit requirements for large and small construction activities and the NCTCOG Construction BMP Manual. The City will continue looking for opportunities to coordinate the ordinance with the federal/state permits and the construction manual. The City will also review any other ordinances, regulations, and specifications affecting erosion and sedimentation control. If necessary, the ordinances, regulations, and speci fications will be amended to ensure compliance with the Phase II general permit. City Engineer, City Attorney December 2019 ▪ Review existing ordinances, regulations, and specifications for compliance with Phase II general permit. City Engineer, City Attorney December 2020 ▪ Update and adopt any necessary ordinances, regulations and specifications for compliance with Phase II permit. *+BMP 3.2 Site Inspections The City has reviewed existing site inspection procedures and established written procedures that contain appropriate frequencies for inspection of construction stormwater BMPs as well as procedures for record keeping of inspections and compliance actions. City Engineer December 2019 (and then annually) ▪ Continue implementation of the inspection program. ▪ Document violations of the site inspection requirements and any stop work orders given. ▪ Continue inspection of portable toilet facilities to the inspection requirements, in order to mitigate possible bacteria discharge from construction areas. ▪ Continue site inspection procedures for inspection of construction stormwater BMPs. BMP 3.3 Reporting Hotline The City utilizes the same reporting hotline discussed in the Illicit Discharge Detection and Elimination MCM for the public to report construction site problems. The phone number is posted on the stormwater management webpage. This facilitates the ability of the public to provide information that will assist in detecti on of problem discharges. The City has established and implemented procedures for addressing information submitted by citizens on the hotline and forwarding the information to City inspectors. The City has also established procedures for record keeping of complaints and corrective actions taken. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Update hotline phone number to the Stormwater Management page on the City’s website, as necessary. ▪ Document any citizen complaints and corrective action taken annually. ▪ Publicize the hotline in the City Desk newsletter and mailings, as necessary. City Engineer, Community Information Officer 38 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *+BMP 3.4 Minimize Discharges from Spills and Leaks The developer is required to minimize the discharge of pollutants from spills and leaks. The construction site may develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the TPDES Construction General Permit TXR 150000. This will be monitored through the site inspections as listed in BMP 3.2. City Engineer December 2019 (and then annually) ▪ Document number of construction sites not in compliance with BMP 3.4 upon inspection and any corrective action taken annually. *+BMP 3.5 Prohibited Illicit Discharges As described in the TPDES General Permit TXR040000 III.B.3.b.3, and to help mitigate bacteria discharges, construction sites are prohibited from discharging the following: a) Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control; b) Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials; c) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; d) Soaps or solvents used in vehicle and equipment washing; and, e) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs. City Engineer December 2019 (and then annually) ▪ Document the number of construction sites not in compliance with BMP 3.5 upon site inspection and any corrective action taken annually. +BMP 3.6 MS4 Staff Training The City will ensure City staff whose primary job duties are related to implementing the construction stormwater program (including permitting, plan review, construction site inspections, and enforcement) are informed or trained to conduct these activities. City Engineer December 2019 (and then annually) ▪ Continue to ensure City staff whose primary job duties are related to implementing the construction stormwater program are informed or trained to conduct these activities. ▪ Document the number of City staff trained each year. ▪ Document the number trainings related to construction site stormwater runoff control attended by City staff each year. 39 City of Coppell Stormwater Management Program July 2019 Table 5 - Minimum Control Measure 4: Post-Construction Stormwater Management in New Development and Redevelopment Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *BMP 4.1 Evaluate and Update Ordinances The City will draft local criteria for management of new and redevelopment. The City will review the Comprehensive Zoning Ordinance, the Subdivision Ordinance, and the Floodplain Ordinance. These ordinances may be amended to require regulated development and redevelopment to comply with criteria and standards to ensure proper long-term operation and maintenance of structural BMPs. City Engineer December 2019 ▪ Review applicable ordinances. City Engineer December 2020 ▪ Draft design criteria and standards for engineering, planning, and administration, as needed. City Engineer, Legal December 2021 ▪ Amend ordinances to require long-term maintenance of post-construction stormwater management BMPs, as needed. City Engineer December 2022- 2023 ▪ Implement and enforce all applicable post-construction stormwater management criteria and standards. City Engineer December 2019 (and then annually) ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. ▪ Document and maintain records of enforcement actions annually. BMP 4.2 Update Plan Review and Inspection Programs The City will continue to integrate post-construction stormwater quality requirements into plan review and site i nspection programs. The City will evaluate existing procedures and identify needed changes and implement the revised programs. City Engineer December 2021 ▪ Evaluate existing plan review and site inspection procedures. Identify program changes, as needed. City Engineer December 2022- 2023 ▪ Implement the revised plan review and inspection programs. *+BMP 4.3 Structural and Non-structural BMPs The City shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community that protect water quality and reduce bacterial discharges. City Engineer December 2021 ▪ Establish structural and non-structural BMP requirements, which protect water quality, for owners or operators of newly developed or redeveloped sites. December 2022- 2023 ▪ Implement and enforce the structural and non-structural BMP requirements which protect water quality. +BMP 4.4 Long-term Maintenance Plan In order to ensure long-term operation and maintenance of structural stormwater controls, the City shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site. The City shall require that operation and maintenance performed is documented and retained on site, such as at the offices of the owner or operator, and shall be made available for review by the City. City Engineer December 2020 ▪ Create general framework for maintenance plan for newly developed or redeveloped sites. City Engineer December 2021 ▪ Publicize the new maintenance plan requirement and provide informational meetings regarding the necessity and formation of the maintenance plan for owners and operators of new developed or redeveloped sites. City Engineer December 2022- 2023 ▪ Enforce the new maintenance plan requirement for all owners and operators of newly developed or redeveloped sites. 40 City of Coppell Stormwater Management Program July 2019 Table 6 - Minimum Control Measure 5: Pollution Prevention/Good Housekeeping for Municipal Operations Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 5.1 Street and Roadway Maintenance The City contracts with an outside firm to sweep the major streets once a year and the major intersections four times a year. The Streets Division cleans ditches, curb inlets, drains, and repairs erosion areas, as needed, based on visual inspections and citizen complaints. Sediment from the ditches and inlets is recycled. Streets Division December 2019 (and then annually) ▪ Document street and roadway maintenance activities. ▪ Continue sweeping major streets once a year and the major intersections four times a year. ▪ Continue cleaning ditches, curb inlets, drains, and repair erosion areas, as needed. *BMP 5.2 Stormwater System Maintenance The City performs annual cleaning of the concrete drainage channels as well as the periodic inspections of the inlets, junction boxes, and stormwater outfalls to ensure that the system is free and clear of sediment and floatables as well as to ensure that the system is intact and operating properly. Bacteria may attach to floatables, debris, sediment, and other materials. Refraining from removing such materials could influence bacteria levels in waterways. The City also performs periodic removal of trees from creeks to ensure that the drainage ways and creeks are flowing well and capable of conveying the design flow. Streets Division December 2019 (and then annually) ▪ Document annual cleaning and inspections of the City's stormwater system. ▪ Continue periodic removal of trees from creeks to ensure drainage ways and creeks are capable of conveying the design flow. BMP 5.3 Parks and Open Space The Parks and Recreation Department has regularly scheduled trash removal on Wednesday and brush removal on Saturday of each week for the right-of-ways, parks, open spaces and City facilities to prevent floatables and trash from entering the storm sewer system. Trash is removed on a daily basis, as necessary. Parks and Recreation Department December 2019 (and then annually) ▪ Remove trash on Wednesday and brush on Saturday of each week, or more frequently as necessary. BMP 5.4 Wastewater Collection The Utilities Operation Division cleans and videos sewer lines on an annual basis. Trouble spots along the lines are cleaned on a monthly basis in order to prevent any outflows. Utilities Operation Division December 2019 (and then annually) ▪ Annually clean and video sewer lines. ▪ Clean trouble spots on a monthly basis. BMP 5.5 Fleet and Building Maintenance The City has in-house facilities management personnel that conduct on-going operations and maintenance of all buildings, permanent structures, parking lots, and storage yards. Facilities Management December 2019 (and then annually) ▪ Conduct and document on-going operations and maintenance of all buildings, permanent structures, parking lots, and storage yards. 41 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 5.6 Fleet and Building Maintenance- Service Center The Service Center covers 7.5 acres and includes the main office building with three service bays and a wash bay, exterior storage buildings, and a chemical storage building with a wash - down area. Vehicle and equipment maintenance takes place inside buildings. The enclosed wash bay has floor drains with a sand/oil separator and is connected to the sanitary sewer system. The hydraulic fluid stored in one of the service bays has its own containment system to prevent any spills from reaching the floor. The enclosed chemical storage wash-down area has its own containment system that is emptied by a hazardous waste company. The majority of the machinery and equipment is stored in enclosed buildings. There is a three-sided, covered building for storage of stockpiled materials such as sand. The above ground fuel storage tanks located at the Fleet Building and Fire Station No. 2 are double-walled construction with vapor recovery systems. Facilities Management December 2019 (and then annually) ▪ Document any spills and operator's response to the spill. BMP 5.7 Parks and Open Space Vegetation The Parks and Recreation Department utilizes native and adapted vegetation to reduce water, fertilizer, and pesticide needs. The Service Center grounds and the median of the Sandy Lake Road utilized drought resistant seed mixes, ground covers and trees. Seeding and maintaining vegetation prevents erosion and sediment transport to the storm sewer system. Parks and Recreation Department December 2019 (and then annually) ▪ Document times of vegetation seeding and maintenance. BMP 5.8 Parks and Open Space Pest Management The City uses integrated pest management, where appropriate, so that the use of pesticides can be limited. Parks and Recreation Department December 2019 (and then annually) ▪ Document any instances in which pesticides were used. BMP 5.9 Program to Reduce or Eliminate Polluted Runoff from Municipal Operations The City will continue the development and revision of the list of municipal facilities and operations that may contribute significant pollutants to the stormwater system. The existing pollution prevention practices, maintenance procedures, and other practices will be evaluated with regard to reducing the discharge of pollutants. Pollution prevention plans for municipal operations, such as maintenance and storage yards, fleet maintenance, and pesticide and herbicide treatments will be revised and implemented as needed. City Engineer December 2019 ▪ Review list of municipal facilities and operations that may contribute significant pollutants to the stormwater system and update, as necessary. Director of Parks and Recreation, City Engineer December 2020 ▪ Evaluate the existing pollution prevention practices, maintenance procedures, and other practices for municipal operations. Identify any additional controls that need to be implemented. Director of Parks and Recreation, City Engineer December 2021- 2023 ▪ Continue to implement the pollution prevention plans for municipal operations. 42 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *BMP 5.10 Training Program The City has developed a training program for applicable employees associated with park maintenance, fleet and building maintenance, new construction, facilities maintenance, and stormwater maintenance. The training program includes training materials directed at preventing and reducing stormwater pollution from municipal operations. The City will continue to train applicable employees, to make presentations at safety meetings on pollution prevention/good housekeeping topics, participate in cooperative training opportunities available through NCTCOG, develop informational tools for maintenance crews, and post pollution prevention/good housekeeping signs at maintenance facilities and yards. As resources are available, the training program will include educational material developed by NCTCOG and stakeholders regarding bacterial discharges, as mentioned in Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, also referred to as "Implementation Plan" or "I-Plan". City Engineer, Parks Department December 2019 (and then annually) ▪ Continue to implement the employee training program on pollution prevention and good housekeeping. ▪ Document employee training attendance and materials distributed. ▪ Participate in NCTCOG and other applicable stakeholder training opportunities on pollution prevention and good housekeeping annually. ▪ Hold at least two City staff meetings per year to discuss stormwater pollution prevention. ▪ Continue to and post pollution prevention/good housekeeping signs at maintenance facilities and yards. BMP 5.11 Structural Control Maintenance Coppell will update the list of existing pollution prevention structural controls, written maintenance activities, maintenance schedules, and long-term inspection procedures for these structural controls as needed. The program includes procedures for the proper disposal of waste removed from the structural controls and collected as a result of municipal operations and activities. City Engineer December 2019 (and then annually) ▪ Evaluate and update the list of existing pollution prevention structural controls, maintenance activities, maintenance schedules, and long-term inspection procedures as needed. +BMP 5.12 Requirements for Contractors Hired by the City Contractors hired by the City of Coppell are required to comply with operating procedures. As such, the City will maintain contractor oversight procedures. City Engineer, Parks Department December 2019 (and then annually) ▪ Maintain contractor oversight procedures. ▪ Document and publicize the required operating procedures for hired contractors and the contractor oversight procedures. ▪ Implement the contractor oversight procedures to enforce the required operating procedures for hired contractors. See BMP 1.5 Removal and Proper Disposal of Animal Feces Refer to referenced BMP for specific details. N/A N/A ▪ N/A 43 City of Coppell Stormwater Management Program July 2019 Table 7 - Summary of T argeted Controls Targeted Controls Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *BMP 1.5 Removal and Proper Disposal of Animal Feces The Parks and Recreation Department posts ordinance signs associated with the removal and proper disposal of animal feces in the City’s public parks. Parks and Recreation Department Year 1 - 5 ▪ Maintain ordinance signs. ▪ Document number of complaints regarding animal feces in public parks. *+BMP 1.12 Bacteria-Specific Public Education According to TCEQ's Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, "as funding is available, NCTCOG and stakeholders will develop or expand the availability of more bacteria-specific public education materials to RSWMP participants." The City will review the bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. Public Works Office, Community Information Officer Year 1 - 5 ▪ Review bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. *BMP 2.3 Illicit Discharge Ordinance The City has developed an ordinance to effectively prohibit illicit discharges and illegal dumping into the storm sewer system and implements enforcement response procedures and penalties for noncompliance. The ordinance authorizes access for municipal employees to storm sewers on private property for inspection and investigation purposes. If it is determined that any non- stormwater discharges significantly contribute pollutants, including bacteria, to the storm sewer system, the ordinance will prohibit those non-stormwater discharges. City Engineer Year 1 - 5 ▪ Continue to implement existing ordinances regarding stormwater quality and pollution mitigation, including bacteria. City Engineer, City Attorney Year 2 ▪ Determine if any non-stormwater discharges are pollutants and amend the Illicit Discharge Ordinance, as necessary. City Engineer, City Attorney Year 2 ▪ Determine if any non-stormwater discharges are pollutants and amend the Illicit Discharge Ordinance if necessary. *+BMP 3.2 Site Inspections The City has reviewed existing site inspection procedures and established written procedures that contain appropriate frequencies for inspection of construction stormwater BMPs as well as procedures for record keeping of inspections and compliance actions. The City will add inspection of portable toilet facilities to the inspection requirements, in order to mitigate possible bacteria discharge from construction site. City Engineer Year 1 ▪ Continue implementation of the existing inspection program ▪ Document violations of the site inspection requirements and any stop work orders given. City Engineer Year 2 ▪ Add inspection of portable toilet facilities to the inspection requirements, in order to mitigate possible bacteria discharge from construction areas. ▪ Establish site inspection procedures for inspection of construction stormwater BMPs. City Engineer Year 3 - 5 ▪ Implement procedures for site inspection. *+BMP 3.4 Minimize Discharges from Spills and Leaks The developer is required to minimize the discharge of pollutants from spills and leaks. As an alternative, the construction sit e may develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the TPDES Construction General Permit TXR 150000. This will be monitored through the site inspections as City Engineer Year 2 - 5 ▪ Document number of construction sites not in compliance with BMP 3.4 upon inspection and any corrective action taken. 44 City of Coppell Stormwater Management Program July 2019 Targeted Controls Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals listed in BMP 3.2. *+BMP 3.5 Prohibited Illicit Discharges As described in the TPDES General Permit TXR 040000 III.B.3.b.3, and to help mitigate bacteria discharges, construction sites are prohibited from discharging the following: a) Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control; b) Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials; c) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and, d) Soaps or solvents used in vehicle and equipment washing; e) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs. City Engineer Year 2 - 5 ▪ Document the number of construction sites not in compliance with BMP 3.5 upon site inspection and any corrective action taken. *BMP 4.1 Evaluate and Update Ordinances The City will draft local criteria for management of new and redevelopment. The City will review the Comprehensive Zoning Ordinance, the Subdivision Ordinance, and the Floodplain Ordinance. These ordinances may be amended to require regulated development and redevelopment to comply with criteria and standards to ensure proper long-term operation and maintenance of structural BMPs. City Engineer Year 1 ▪ Review applicable ordinances. City Engineer Year 2 ▪ Draft design criteria and standards for engineering, planning, and administration, as needed. City Engineer, Legal Year 3 ▪ Amend ordinances to require long-term maintenance of post-construction stormwater management BMPs, as needed. City Engineer Year 4 - 5 ▪ Implement and enforce all applicable post-construction stormwater management criteria and standards. Document and maintain records of enforcement actions. *+BMP 4.3 Structural and Non-structural BMPs The City shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protect water quality and reduce bacterial discharges. City Engineer Year 3 ▪ Establish structural and non-structural BMP requirements, which protect water quality, for owners or operators of newly developed or redeveloped sites. Year 4 - 5 ▪ Implement and enforce the structural and non-structural BMPs requirement which protect water quality. Year 4 - 5 ▪ Implement and enforce the structural and non-structural BMPs requirement which protect water quality. *BMP 5.2 Stormwater The City performs annual cleaning of the concrete drainage channels as well as the periodic inspections of the inlets, junction boxes and stormwater outfalls to ensure that the system is free Streets Division Year 1 - 5 ▪ Document annual cleaning and inspections of The City's stormwater system. 45 City of Coppell Stormwater Management Program July 2019 Targeted Controls Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals System Maintenance and clear of sediment and floatables as well as to ensure that the system is intact and operating properly. Bacteria may attach to floatables, debris, sediment, and other materials. Refraining to remove such materials could influence bacteria levels in waterways. The City also performs periodic removal of trees from creeks to ensure that the drainage ways and creeks are flowing well and capable of conveying the design flow. ▪ Continue periodic removal of trees from creeks to ensure drainage ways and creeks are capable of conveying the design flow. *BMP 5.10 Training Program The City has developed a training program for applicable employees associated with park maintenance, fleet and building maintenance, new construction, facilities maintenance, and stormwater maintenance. The training program includes training materials directed at preventing and reducing stormwater pollution from municipal operations. The City will continue to train applicable employees, to make presentations at safety meetings on pollution prevention/good housekeeping topics, participate in cooperative training opportunities available through NCTCOG, develop informational tools for maintenance crews, and post pollution prevention/good housekeeping signs at maintenance facilities and yards. As resources are available, the training program will include educational material developed by NCTCOG and stakeholders regarding bacterial discharges, as mentioned in Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, also referred to as "Implementation Plan" or "I-Plan". City Engineer, Parks Department Year 1 - 5 ▪ Continue to implement the employee training program on pollution prevention and good housekeeping. ▪ Document employee training sessions and materials distributed. City of Coppell Stormwater Management Program July 2019 APPENDIX A Area of Involvement Map City of Coppell Stormwater Management Program July 2019 APPENDIX B Storm Sewer Map City of Coppell Stormwater Management Program July 2019 APPENDIX C Interlocal Agreement City of Coppell Stormwater Management Program July 2019 APPENDIX D Resolution to Adopt the SWMP City of Coppell Stormwater Management Program July 2019 APPENDIX E TPDES General Permit Small MS4 General Permit TPDES General Permit TXR040000 Page 2 TCEQ GENERAL PERMIT NUMBER TXR040000 RELATING TO DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS Table of Contents Part I. Definitions ................................................................................................................... 6 Part II. Permit Applicability and Coverage ........................................................................... 13 Section A. Small MS4s Eligible for Authorization under this General Permit ............... 13 1. Small MS4s Located in an Urbanized Area .............................................................. 13 2. Designated Small MS4s ............................................................................................ 13 3. Operators of Previously Permitted Small MS4s ....................................................... 13 4. Regulated Portion of Small MS4 .............................................................................. 13 5. Categories of Regulated Small MS4s ........................................................................ 13 Section B. Available Waivers from Coverage .................................................................. 14 1. Waiver Option 1: ....................................................................................................... 15 2. Waiver Option 2: ....................................................................................................... 15 Section C. Allowable Non-Stormwater Discharges ......................................................... 16 Section D. Limitations on Permit Coverage .................................................................... 16 1. Discharges Authorized by Another TPDES Permit .................................................. 16 2. Discharges of Stormwater Mixed with Non-Stormwater ......................................... 17 3. Compliance with Water Quality Standards .............................................................. 17 4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements .. 17 5. Discharges to the Edwards Aquifer Recharge Zone ................................................. 21 6. Discharges to Specific Watersheds and Water Quality Areas .................................. 22 7. Protection of Streams and Watersheds by Home Rule Municipalities .................... 22 8. Indian Country Lands ............................................................................................... 22 9. Endangered Species Act ............................................................................................ 22 10. Other ......................................................................................................................... 23 Section E. Obtaining Authorization ................................................................................ 23 1. Application for Coverage .......................................................................................... 23 2. Late Submission of the NOI and SWMP .................................................................. 24 3. SWMP General Requirements .................................................................................. 24 4. SWMP Review ........................................................................................................... 24 5. SWMP Updates Required by TCEQ .......................................................................... 24 6. SWMP Updates ......................................................................................................... 25 Small MS4 General Permit TPDES General Permit TXR040000 Page 3 7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP Implementation ........................................................................................................ 26 8. Contents of the NOI .................................................................................................. 27 9. Notice of Change (NOC) ........................................................................................... 28 10. Change in Operational Control of a Small MS4 ........................................................ 28 11. Notice of Termination (NOT) ................................................................................... 28 12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms ............................ 28 13. Fees ........................................................................................................................... 28 14. Permit Expiration ..................................................................................................... 29 15. Suspension of Permit Coverage ................................................................................ 29 16. Public Notice Process for NOI submittal .................................................................. 29 Section F. Permitting Options ......................................................................................... 31 1. Authorization Under the General Permit ................................................................. 31 2. Alternative Coverage under an Individual TPDES Permit ....................................... 31 Part III. Stormwater Management Program (SWMP) ............................................................ 32 Section A. Developing a Stormwater Management Program (SWMP) ........................... 32 1. SWMP Development and Schedule .......................................................................... 32 2. Content of the SWMP ............................................................................................... 33 3. Legal Authority ......................................................................................................... 33 4. Resources .................................................................................................................. 34 5. Effluent Limitations .................................................................................................. 34 6. Enforcement Measures ............................................................................................. 34 Section B. Minimum Control Measures .......................................................................... 35 1. Public Education, Outreach, and Involvement ......................................................... 35 2. Illicit Discharge Detection and Elimination (IDDE) ................................................ 36 3. Construction Site Stormwater Runoff Control ........................................................ 40 4. Post Construction Stormwater Management in New Development and Redevelopment ......................................................................................................... 43 5. Pollution Prevention and Good Housekeeping for Municipal Operations .............. 44 6. Industrial Stormwater Sources ................................................................................. 50 7. Authorization for Construction Activities where the Small MS4 is the Site Operator .................................................................................................................... 50 Section C. General Requirements ................................................................................... 51 Part IV. Recordkeeping and Reporting .................................................................................. 52 Small MS4 General Permit TPDES General Permit TXR040000 Page 4 Section A. Recordkeeping................................................................................................ 52 Section B. Reporting ........................................................................................................ 52 1. General Reporting Requirements ............................................................................. 52 2. Annual Report ........................................................................................................... 53 Part V. Standard Permit Conditions ..................................................................................... 54 Part VI. Authorization for Municipal Construction Activities – Applicable only if the 7th Optional MCM is selected ......................................................................................... 56 Section A. Eligible Construction Sites ............................................................................. 56 Section B. Discharges Eligible for Authorization ............................................................ 56 1. Stormwater Associated with Construction Activity .................................................. 56 2. Discharges of Stormwater Associated with Construction Support Activities .......... 56 3. Non-Stormwater Discharges .................................................................................... 57 4. Other Permitted Discharges ..................................................................................... 57 Section C. Limitations on Permit Coverage .................................................................... 57 Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements ..................... 58 Section E. Stormwater Runoff from Concrete Batch Plants ........................................... 58 1. Benchmark Sampling Requirements ........................................................................ 58 2. BMPs and SWP3 Requirements .............................................................................. 60 3. Prohibition of Wastewater Discharges ..................................................................... 62 4. Concrete Truck Wash Out Requirements ................................................................. 62 Section F. Effective Date of Coverage ............................................................................. 63 Section G. Deadlines for SWP3 Preparation and Compliance ........................................ 63 Section H. Plan Review and Making Plans Available ...................................................... 63 Section I. Keeping Plans Current ................................................................................... 63 Section J. Contents of SWP3 .......................................................................................... 64 1. Site Description ......................................................................................................... 64 2. Structural and non-structural controls ..................................................................... 65 3. Stabilization Practices ............................................................................................... 65 4. Structural Control Practices ..................................................................................... 66 5. Permanent Stormwater Controls .............................................................................. 67 6. Other Controls .......................................................................................................... 67 7. Effluent Limits .......................................................................................................... 67 8. Approved State and Local Plans ............................................................................... 67 9. Maintenance ............................................................................................................. 67 Small MS4 General Permit TPDES General Permit TXR040000 Page 5 10. Inspections of Controls ............................................................................................. 67 11. Pollution Prevention Measures................................................................................. 69 Section K. Additional Retention of Records .................................................................... 69 Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 6 Part I. Definitions Arid Areas - Areas with an average annual rainfall of less than ten (10) inches. Benchmarks – A benchmark pollutant value is a guidance level indicator that helps determine the effectiveness of chosen best management 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, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Catch basins - 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. 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. Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq. Common Plan of Development or Sale - 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-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. Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 7 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. Discharge – When used without a qualifier, refers to the discharge of stormwater runoff or certain non-stormwater discharges as allowed under the authorization of this general permit. Edwards Aquifer - As defined in 30 TAC §213.3 (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil’s River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the TCEQ or the TCEQ website. 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: (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. Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 8 (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. General Permit - A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more categories of waste discharge within a geographical area of the state or the entire state as provided by Texas Water Code (TWC) §26.040. Groundwater Infiltration - For the purposes of this permit, groundwater that enters a municipal separate storm sewer system (including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or manholes. High Priority Facilities - High priority facilities are facilities with a high potential to generate stormwater pollutants. These facilities must include, at a minimum, the MS4 operator’s maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where chemicals or other materials have a high potential to be discharged in stormwater. Among the factors that must be considered when giving a facility a high priority ranking are: the amount of urban pollutants stored at the site, the identification of improperly stored materials, activities that must not be performed outside (for example, changing automotive fluids, vehicle washing), proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). Hyperchlorinated Water – Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration greater than 10 milligrams per liter (mg/L). 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 fire fighting activities. Impaired Water - A surface water body that is identified as impaired on the latest approved CWA §303(d) List or waters with an EPA approved or established TMDL that are found on the latest EPA approved Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies. Implementation Plan (I-Plan) – A detailed plan of action that describes the measures or activities necessary to achieve the pollutant reductions identified in the total maximum daily load (TMDL). Indian Country - Defined in 18 USC § 1151 as: (a) All land within the limits of any Indian reservation under the jurisdiction of the United States (U.S.) Government, notwithstanding the Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 9 issuance of any patent, and including rights-of-way running through the reservation; (b) All dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) All Indian allotments, the Indian titles to which have not been extinguished, including rights- of-way running through the same. This definition includes all land held in trust for an Indian tribe. 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). Infeasible - For the purpose of this permit, infeasible means not technologically possible, or not economically practicable and achievable in light of best industry practices. The TCEQ notes that it does not intend for any small MS4 permit requirement to conflict with state water right laws. Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal separate storm sewer systems (MS4s) to reduce pollutants in stormwater discharges that was established by the CWA § 402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR § 122.34. MS4 Operator - For the purpose of this permit, the public entity or the entity contracted by the public entity, responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (a) Owned or operated by the U.S., a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under the CWA §208 that discharges to surface water in the state; (b) That is designed or used for collecting or conveying stormwater; (c) That is not a combined sewer; and (d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §122.2. Non-traditional Small MS4 - A small MS4 that often cannot pass ordinances and may not have the enforcement authority like a traditional small MS4 would have to enforce the stormwater management program. Examples of non-traditional small MS4s include counties, transportation authorities (including the Texas Department of Transportation), municipal utility districts, drainage districts, military bases, prisons and universities. Notice of Change (NOC) - A written notification from the permittee to the executive director providing changes to information that was previously provided to the agency in a notice of intent. Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 10 Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination (NOT) - A written submission to the executive director from a permittee authorized under a general permit requesting termination of coverage under this general permit. Outfall - A point source at the point where a small MS4 discharges to waters of the U.S. and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. For the purpose of this permit, sheet flow leaving a linear transportation system without channelization is not considered an outfall. Point sources such as curb cuts; traffic or right-or-way barriers with drainage slots that drain into open culverts, open swales or an adjacent property, or otherwise not actually discharging into waters of the U.S. are not considered an outfall. Permittee - The MS4 operator authorized under this general permit. Point Source - (from 40 CFR § 122.22) 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(s) of Concern – For the purpose of this permit, 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)). Redevelopment - Alterations of a property that changed the ”footprint” of a site or building in such a way that there is a disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling, routine maintenance activities, and linear utility installation. Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less than 20 inches. Small Municipal Separate Storm Sewer System (MS4) – A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the U.S., a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA § 208; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; (d) Which is not part of a POTW as defined in 40 CFR § 122.2; and (e) Which was not previously regulated under a National Pollutant Discharge Elimination System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES) Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 11 individual permit as a medium or large municipal separate storm sewer system, as defined in 40 CFR §§122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospitals or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to a small MS4 that is also operated by that public entity. 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 a large construction or a small construction activity. Stormwater Management Program (SWMP) - A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. 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 - 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 (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), 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; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement authority to enforce the stormwater management program. An example of traditional MS4s includes cities. Urbanized Area (UA) - An area of high population density that may include multiple small MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial Census. Waters of the United States - (According to 40 CFR § 122.2) Waters of the United States or waters of the U.S. means: (a) 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; (b) All interstate waters, including interstate wetlands; Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 12 (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding the CWA jurisdiction remains with the EPA. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section A Page 13 Part II. Permit Applicability and Coverage This general permit provides authorization for stormwater and certain non-stormwater discharges from small municipal separate storm sewer systems (MS4) to surface water in the state. The general permit contains requirements applicable to all small MS4s that are eligible for coverage under this general permit. Section A. Small MS4s Eligible for Authorization under this General Permit Discharges from a small MS4 must be authorized if any of the following criteria are met and may be authorized under this general permit if coverage is not otherwise prohibited. 1. Small MS4s Located in an Urbanized Area Operators of small MS4s that are fully or partially located within an urbanized area (UA), as determined by the 2000 or 2010 Decennial Censuses by the U.S. Census Bureau, must obtain authorization for the discharge of stormwater runoff and are eligible for coverage under this general permit unless otherwise prohibited. 2. Designated Small MS4s A small MS4 that is outside an urbanized area that is designated by TCEQ based on evaluation criteria as required by 40 CFR § 122.32(a)(2) or 40 CFR § 122.26(a)(1)(v) and adopted by reference in Title 30, TAC § 281.25, is eligible for coverage under this general permit. Following designation, operators of small MS4s must obtain authorization under this general permit or apply for coverage under an individual TPDES stormwater permit within 180 days of notification of their designation. 3. Operators of Previously Permitted Small MS4s Operators of small MS4s that were covered under the previous TPDES general permit for small MS4s (TXR040000, issued and effective on December 13, 2013) must reapply for permit coverage, or must obtain a waiver if applicable (see Part II.B, related to Obtaining a Waiver.) 4. Regulated Portion of Small MS4 The portion of the small MS4 that is required to meet the conditions of this general permit are those portions that are located within the UA as defined and used by the U.S. Census Bureau in the 2000 or 2010 Censuses, as well as any portion of the small MS4 that is designated by TCEQ. For the purpose of this permit, the regulated portion of a small MS4 for a transportation entity is the land owned by the permittee within the UA which functions as, or is integral to a transportation system with drainage conveyance. Non-contiguous property that does not drain into the transportation drainage system is not subject to this general permit. 5. Categories of Regulated Small MS4s This permit defines MS4 operators by the following categories, or levels, based on the population served within the 2010 UA. The level of a small MS4 may change during the permit term based on the MS4 operator acquiring or giving up regulated area, such as by annexing land or if land is annexed away. However, the level of a small MS4 will not change during the permit term based on population fluctuation. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B Page 14 The level of an MS4 is based on most the recent Decennial Census at the time of permit issuance. A national Census held during a permit term will not affect the level of an MS4 until the next permit renewal. (a) Level 1: Operators of traditional small MS4s that serve a population of less than 10,000 within a UA; (b) Level 2: Operators of traditional small MS4s that serve a population of at least 10,000 but less than 40,000 within a UA. This category also includes all non-traditional small MS4s such as counties, drainage districts, transportation entities, military bases, universities, colleges, correctional institutions, municipal utility districts and other special districts regardless of population served within the UA, unless the non- traditional MS4 can demonstrate that it meets the criteria for a waiver from permit coverage based on the population served; (c) Level 3: Operators of traditional small MS4s that serve a population of at least 40,000 but less than 100,000 within a UA; (d) Level 4: Operators of traditional small MS4s that serve a population of 100,000 or more within a UA. For the purpose of this section “serve a population” means the residential population within the regulated portion of the small MS4 based on the 2010 Census, except for non-traditional small MS4s listed in (b) above. Section B. Available Waivers from Coverage The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria are met for Waiver Option 1 or 2 below. To obtain Waiver Option 1, the MS4 operator must submit the request on a waiver form provided by the executive director, or, starting from December 21, 2020, complete the form electronically via the online e- permitting system available through the TCEQ website. To obtain Waiver Option 2, the MS4 operator must contact the executive director and coordinate the activities required to meet the waiver conditions. A provisional waiver from permitting requirements begins 30 days after an administratively complete waiver form is postmarked for delivery to the TCEQ, or starting from December 21, 2020, complete the form electronically via the online e-permitting system available through the TCEQ website. Following review of the waiver form, the executive director may:(1) Determine that the waiver form is technically complete and approve the waiver by providing a notification and a waiver number; (2) Determine that the waiver form is incomplete and deny the waiver until a completed waiver form is submitted; or (3) Deny the waiver and require that permit coverage be obtained. If the conditions of a waiver are not met by the MS4 operator, then the MS4 operator must submit an application for coverage under this general permit or a separate TPDES permit application. At any time the TCEQ may require a previously waived MS4 operator to comply with this general permit or another TPDES permit if circumstances change so that the conditions of the waiver are no longer met. Changed circumstances can also allow a regulated MS4 operator to request a waiver at any time. At any time the TCEQ can request to review any waivers granted to MS4 operators to determine whether any of the information required for granting the waiver has changed. At Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B Page 15 a minimum TCEQ will review all waivers when MS4 operators submit their renewal waiver applications. For the purpose of obtaining a waiver, the population served refers to the residential population for traditional small MS4s and for certain non-traditional small MS4s with a residential population (such as counties and municipal utility districts). For other non- traditional small MS4s, the population served refers to the number of people using the small MS4 on an average operational day. Effective December 21, 2020, applicants must submit a waiver using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization. 1. Waiver Option 1: The small MS4 serves a population of less than 1,000 within a UA and meets the following criteria: (a) The small MS4 is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES / TPDES stormwater program (40 CFR § 122.32(d)); and (b) If the small MS4 discharges any pollutant(s) that have been identified as a cause of impairment of any water body to which the small MS4 discharges, stormwater controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern. 2. Waiver Option 2: The small MS4 serves a population under 10,000 within a UA and meets the following criteria: (a) The TCEQ has evaluated all waters of the U.S., including small streams, tributaries, lakes, and ponds, that receive a discharge from the small MS4; (b) For all such waters, the TCEQ has determined that stormwater controls are not needed based on wasteload allocations that are part of an approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and (c) The TCEQ has determined that future discharges from the small MS4 do not have the potential to exceed Texas surface water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. (d) For the purpose of this paragraph (2.), the pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, 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 the small MS4. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section C Page 16 Section C. Allowable Non-Stormwater Discharges The following non-stormwater sources may be discharged from the small MS4 and are not required to be addressed in the small MS4's Illicit Discharge and Detection or other minimum control measures, unless they are determined by the permittee or the TCEQ to be significant contributors of pollutants to the small MS4, or they are otherwise prohibited by the MS4 operator: 1. Water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); 2. Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; 3. Discharges from potable water sources that do not violate Texas Surface Water Quality Standards; 4. Diverted stream flows; 5. Rising ground waters and springs; 6. Uncontaminated ground water infiltration; 7. Uncontaminated pumped ground water; 8. Foundation and footing drains; 9. Air conditioning condensation; 10. Water from crawl space pumps; 11. Individual residential vehicle washing; 12. Flows from wetlands and riparian habitats; 13. Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards; 14. Street wash water excluding street sweeper waste water; 15. Discharges or flows from emergency fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); 16. Other allowable non-stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1); 17. Non-stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR050000 or the TPDES Construction General Permit (CGP) TXR150000; 18. Discharges that are authorized by a TPDES or NPDES permit or that are not required to be permitted; and 19. Other similar occasional incidental non-stormwater discharges such as spray park water, unless the TCEQ develops permits or regulations addressing these discharges. Section D. Limitations on Permit Coverage 1. Discharges Authorized by Another TPDES Permit Discharges authorized by an individual or other general TPDES permit may be authorized under this TPDES general permit only if the following conditions are met: Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 17 (a) The discharges meet the applicability and eligibility requirements for coverage under this general permit; (b) A previous application or permit for the discharges has not been denied, terminated, or revoked by the executive director as a result of enforcement or water quality related concerns. The executive director may provide a waiver to this provision based on new circumstances at the regulated small MS4; and (c) The executive director has not determined that continued coverage under an individual permit is required based on consideration of an approved total maximum daily loading (TMDL) model and implementation plan, anti-backsliding policy, history of substantive non-compliance or other 30 TAC Chapter 205 considerations and requirements, or other site-specific considerations. 2. Discharges of Stormwater Mixed with Non-Stormwater Stormwater discharges that combine with sources of non-stormwater are not eligible for coverage by this general permit, unless either the non-stormwater source is described in Part II.C of this general permit or the non-stormwater source is authorized under a separate TPDES permit. 3. Compliance with Water Quality Standards Discharges to surface water in the state that would cause, has the reasonable potential to cause, or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit except as described in Part II.D.4 below. The executive director may require an application for an individual permit or alternative general permit to authorize discharges to surface water in the state if the executive director determines that an activity will cause has the reasonable potential to cause, or contribute to, a violation of water quality standards or is found to cause, have the reasonable potential to cause, or contribute to the impairment of a designated use of surface water in the state. The executive director may also require an application for an individual permit based on factors described in Part II.F.2. 4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements Discharges of the pollutant(s) of concern to impaired water bodies for which there is a TCEQ and EPA approved TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. A water body is impaired for purposes of the permit if it has been identified, pursuant to the latest TCEQ and EPA approved CWA §303(d) list or the Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies, as not meeting Texas Surface Water Quality Standards. The permittee shall check annually, in conjunction with preparation of the annual report, whether an impaired water within its permitted area has been added to the latest EPA approved 303(d) list or the Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies. Within two years following the approval date of the new list(s) of impaired waters, the permittee shall comply with the requirements of Part II.D.4.(b) (with the exception of (b)(1)c), and shall identify any newly listed waters in the annual report (consistent with Part IV.B.2.f) and SWMP (consistent with Part III.A.2.f). Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 18 The permittee shall control the discharges of pollutant(s) of concern to impaired waters and waters with approved TMDLs as provided in sections (a) and (b) below, and shall assess the progress in controlling those pollutants. (a) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL If the small MS4 discharges to an impaired water body with an approved TMDL, where stormwater has the potential to cause or contribute to the impairment, the permittee shall include in the SWMP controls targeting the pollutant(s) of concern along with any additional or modified controls required in the TMDL and this section. The SWMP and required annual reports must include information on implementing any targeted controls required to reduce the pollutant(s) of concern as described below: (1) Targeted Controls The SWMP must include a detailed description of all targeted controls to be implemented, such as identifying areas of focused effort or implementing additional Best Management Practices (BMPs) to reduce the pollutant(s) of concern in the impaired waters. (2) Measurable Goals For each targeted control, the SWMP must include a measurable goal and an implementation schedule describing BMPs to be implemented during each year of the permit term. (3) Identification of Benchmarks The SWMP must identify a benchmark for the pollutant(s) of concern. Benchmarks are designed to assist in determining if the BMPs established are effective in addressing the pollutant(s) of concern in stormwater discharge(s) from the MS4 to the maximum extent practicable (MEP). The BMPs addressing the pollutant of concern must be re-evaluated on an annual basis for progress towards the benchmarks and modified as necessary within an adaptive management framework. These benchmarks are not numeric effluent limitations or permit conditions but intended to be guidelines for evaluating progress towards reducing pollutant discharges consistent with the benchmarks. The exceedance of a benchmark is not a permit violation and does not in itself indicate a violation of instream water quality standards. The benchmark must be determined based on one of the following options: a. If the MS4 is subject to a TMDL that identifies a Waste Load Allocation(s) (WLA) for permitted MS4 stormwater sources, then the SWMP may identify it as the benchmark. Where an aggregate allocation is used as a benchmark, all affected MS4 operators are jointly responsible for progress in meeting the benchmark and shall (jointly or individually) develop a monitoring/assessment plan as required in Part II.D.4(a)(6). b. Alternatively, if multiple small MS4s are discharging into the same impaired water body with an approved TMDL, with an aggregate WLA for all permitted stormwater MS4s, then the MS4s may combine or share efforts to determine an alternative sub-benchmark value for the pollutant(s) of concern (e.g., bacteria) for their respective MS4. The SWMP must clearly define this alternative approach and must describe how the sub-benchmark value would cumulatively support the aggregate WLA. Where an aggregate benchmark has Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 19 been broken into sub-benchmark values for individual MS4s, each permittee is only responsible for progress in meeting its sub-benchmark value. (4) Annual Report The annual report must include an analysis of how the selected BMPs will be effective in contributing to achieving the benchmark value. (5) Impairment for Bacteria If the pollutant of concern is bacteria, the permittee shall implement BMPs addressing the below areas, as applicable, in the SWMP and implement as appropriate. If a TMDL Implementation Plan (I-Plan) is available, the permittee may refer to the I-Plan for appropriate BMPs. The SWMP and annual report must include the selected BMPs. Permitees may not exclude BMPs associated with the minimum control measures required under 40 CFR §122.34 from their list of proposed BMPs. Proposed BMPs will be reviewed by the executive director during the NOI and SWMP review and approval process. The BMPs shall, as appropriate, address the following: a. Sanitary Sewer Systems (i) Make improvements to sanitary sewers to reduce overflows; (ii) Address lift station inadequacies; (iii) Improve reporting of overflows; and (iv) Strengthen sanitary sewer use requirements to reduce blockage from fats, oils, and grease. b. On-site Sewage Facilities (for entities with appropriate jurisdiction) (i) Identify and address failing systems; and (ii) Address inadequate maintenance of On-Site Sewage Facilities (OSSFs). c. Illicit Discharges and Dumping Place additional effort to reduce waste sources of bacteria; for example, from septic systems, grease traps, and grit traps. d. Animal Sources Expand existing management programs to identify and target animal sources such as zoos, pet waste, and horse stables. e. Residential Education Increase focus to educate residents on: (i) Bacteria discharging from a residential site either during runoff events or directly; (ii) Fats, oils, and grease clogging sanitary sewer lines and resulting overflows; (iii) Maintenance and operation of decorative ponds; and (iv) Proper disposal of pet waste. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 20 (6) Monitoring or Assessment of Progress The permittee shall develop a Monitoring/Assessment Plan to monitor or assess progress in achieving benchmarks and determine the effectiveness of BMPs, and shall include documentation of this monitoring or assessment in the SWMP and annual reports. In addition, the SWMP must include methods to be used. a. The permittee may use either of the following methods to evaluate progress towards the benchmark and improvements in water quality in achieving the water quality standards as follows: (i) Evaluating Program Implementation Measures The permittee may evaluate and report progress towards the benchmark by describing the activities and BMPs implemented, by identifying the appropriateness of the identified BMPs, and by evaluating the success of implementing the measurable goals. The permittee may assess progress by using program implementation indicators such as: (1) number of sources identified or eliminated; (2) decrease in number of illegal dumping; (3) increase in illegal dumping reporting; (4) number of educational opportunities conducted; (5) reductions in sanitary sewer flows (SSOs); or, (6) increase in illegal discharge detection through dry screening, etc.; or (ii) Assessing Improvements in Water Quality The permittee may assess improvements in water quality by using available data for segment and assessment units of water bodies from other reliable sources, or by proposing and justifying a different approach such as collecting additional instream or outfall monitoring data, etc. Data may be acquired from TCEQ, local river authorities, partnerships, and/or other local efforts as appropriate. b. Progress towards achieving the benchmark shall be reported in the annual report. Annual reports shall report the benchmark and the year(s) during the permit term that the MS4 conducted additional sampling or other assessment activities. (7) Observing no Progress Towards the Benchmark If, by the end of the third year from the effective date of the permit, the permittee observes no progress toward the benchmark either from program implementation or water quality assessments as described in Part II.D.4(a)(6), the permittee shall identify alternative focused BMPs that address new or increased efforts towards the benchmark or, as appropriate, shall develop a new approach to identify the most significant sources of the pollutant(s) of concern and shall develop alternative focused BMPs for those (this may also include information that identifies issues beyond the MS4’s control). These revised BMPs must be included in the SWMP and subsequent annual reports. Where the permittee originally used a benchmark value based on an aggregated WLA, the permittee may combine or share efforts with other MS4s discharging to the same watershed to determine an alternative sub-benchmark value for the pollutant(s) of concern for their respective MS4s, as described in Part II.D.4(a)(3)(b) above. Permittees must document, in their SWMP for the next permit term, the proposed schedule for the development and subsequent adoption Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 21 of alternative sub-benchmark value(s) for the pollutant(s) of concern for their respective MS4s and associated assessment of progress in meeting those individual benchmarks. (b) Discharges Directly to Water Quality Impaired Water Bodies without an Approved TMDL The permittee shall also determine whether the permitted discharge is directly to one or more water quality impaired water bodies where a TMDL has not yet been approved by TCEQ and EPA. If the permittee discharges directly into an impaired water body without an approved TMDL, the permittee shall perform the following activities: (1) Discharging a Pollutant of Concern a. The permittee shall determine whether the small MS4 may be a source of the pollutant(s) of concern by referring to the CWA §303(d) list and then determining if discharges from the MS4 would be likely to contain the pollutant(s) of concern at levels of concern. b. If the permittee determines that the small MS4 may discharge the pollutant(s) of concern to an impaired water body without an approved TMDL, the permittee shall ensure that the SWMP includes focused BMPs, along with corresponding measurable goals, that the permittee will implement, to reduce, the discharge of pollutant(s) of concern that contribute to the impairment of the water body. c. In addition, the permittee shall submit an NOC to amend the SWMP in accordance with Part II.E.6 to include any additional BMPs to address the pollutant(s) of concern. This requirement does not apply to BMPs implemented to address impaired waters that are listed after permit authorization pursuant to Part II.D.4. (2) Impairment of Bacteria Where the impairment is for bacteria, the permittee shall identify potential significant sources and develop and implement focused BMPs for those sources. The permittee may implement the BMPs listed in Part II.D.4(a)(5) or proposed alternative BMPs as appropriate. (3) The annual report must include information on compliance with this section, including results of any sampling conducted by the permittee. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges of stormwater from regulated small MS4s, and other non-stormwater discharges, are not authorized by this general permit where those discharges are prohibited by 30 TAC Chapter 213 (Edwards Aquifer Rule). New discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, must meet all applicable requirements of, and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit. For existing discharges, the requirements of the agency-approved Water Pollution Abatement Plan (WPAP) under the Edwards Aquifer Rule are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls, for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 22 runoff are in addition to the effluent limitation requirements found in Part VI.D. of this general permit. The permittee’s agency-approved WPAPs that are required by the Edwards Aquifer Rule must be referenced in the SWMP. Additional agency-approved WPAPs received after the SWMP submittal must be recorded in the annual report for each respective permit year. For discharges originating from the small MS4 permitted area, and located on or within ten stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of the MS4 NOI to the appropriate TCEQ Regional Office with each WPAP application. Counties: Comal, Bexar, Medina, Uvalde, and Kinney Contact: TCEQ, Water Program Manager San Antonio Regional Office 14250 Judson Road San Antonio, Texas 78233-4480 (210) 490-3096 Counties: Williamson, Travis, and Hays Contact: TCEQ, Water Program Manager Austin Regional Office 12100 Park 35 Circle, Bldg. A, Rm 179 Austin, Texas 78753 (512) 339-2929 6. Discharges to Specific Watersheds and Water Quality Areas Discharges of stormwater from regulated small MS4s and other non-stormwater discharges are not authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Home Rule Municipalities This general permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code § 401.002. 8. Indian Country Lands Stormwater runoff from small MS4s that occur on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES regulations, authority for these discharges must be obtained from the U.S. EPA. 9. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened species or its critical habitat are not authorized by this permit. Federal requirements related to endangered species apply to all TPDES permitted discharges, and site-specific controls may Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 23 be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species, the permittee shall contact TCEQ for additional information prior to submittal of the NOI and SWMP. If adverse impact is determined after submittal of the NOI and SWMP or after permit issuance, the permittee shall contact TCEQ immediately to determine corrective action and potential modification to the MS4’s permit. 10. Other Nothing in Part II of the general permit is intended to negate any person’s ability to assert the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30 TAC § 70.7. This permit does not transfer liability for the act of discharging without, or in violation of, a NPDES or a TPDES permit from the operator of the discharge to the permittee(s). Section E. Obtaining Authorization 1. Application for Coverage When submitting a notice of intent (NOI) and SWMP, for coverage under this general permit, as described in Parts II.E.3., II.E.8, and Part III, the applicant must follow the public notice and availability requirements found in Part II.E.16 of this general permit. Applicants seeking authorization to discharge under this general permit must submit a completed NOI on a form approved by the executive director, and a SWMP as described in Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division, at the address specified on the form or starting from December 21, 2020, must be submitted electronically via the online e-permitting system available through the TCEQ website. Following review of the NOI and SWMP, the executive director may determine that: 1) The submission is complete and the NOI and SWMP are approved, 2) The NOI or SWMP are incomplete and deny coverage and require that a new complete NOI and SWMP be submitted, 3) Approve the NOI and SWMP with revisions and provide a written description of the required revisions along with any compliance schedule(s), or 4) Deny coverage and provide a deadline by which the MS4 operator must submit an application for an individual permit. Where the executive director approves the submittal, either with or without changes, the applicant must then carry out the public participation provisions in Part II.E.12. Following the completion of the public participation process, the applicant is authorized to discharge upon notification by TCEQ, at which point the permittee is subject to the terms of this permit and the approved terms of the SWMP. Denial of coverage under this general permit is subject to the requirements of 30 TAC § 205.4(c). Application deadlines are as follows: (a) Small MS4s Located in a 2000 or 2010 UA (Previously regulated Small MS4s) Operators of small MS4s described in Part II.A.1 that were required to obtain authorization under the 2013 TPDES General Permit TXR040000 based on the 2000 and 2010 UA maps shall submit an NOI and SWMP within 180 days following the effective date of this general permit. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 24 (b) Designated Small MS4s Following designation, operators of small MS4s described in Part II.A.2 shall submit an NOI and SWMP, or apply for coverage under an individual TPDES stormwater permit, within 180 days of being notified in writing by the TCEQ of the need to obtain permit coverage. (c) Individual Permit Alternative If an operator of a small MS4 described in Part II.A.1. of this general permit elects to apply for an individual permit, the application must be submitted within 90 days following the effective date of this general permit. Effective December 21, 2020, the NOI and the SWMP must be submitted using the online e- permitting system available through the TCEQ website, unless the permittee requests and obtains an electronic reporting waiver. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 2. Late Submission of the NOI and SWMP Operators are not prohibited from submitting an NOI and SWMP after the deadlines provided. If a late NOI and SWMP are submitted, then this general permit provides authorization only for discharges that occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted discharges. 3. SWMP General Requirements A SWMP must be developed and submitted with the NOI for eligible discharges that will reach waters of the U.S., including discharges from the regulated small MS4 to other MS4s or to privately-owned separate storm sewer systems that subsequently drain to waters of the U.S., according to the requirements of Part III of this general permit. The SWMP must include, as appropriate, the months and years in which the permittee will undertake required actions, including interim milestones and the frequency of the action throughout the permit term. New elements in the program must be completely implemented within five years of the effective date of this general permit, or within five years of being designated for those small MS4s which are designated following permit issuance. Previously regulated MS4s shall assess existing program elements set forth in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. 4. SWMP Review The permittee shall participate in an annual review of its SWMP in conjunction with preparation of the annual report required in Part IV.B.2. Results of the review shall be documented in the annual report. 5. SWMP Updates Required by TCEQ Changes may be made to the SWMP during the permit term. The TCEQ may notify the permittee of the need to modify the SWMP to be consistent with the general permit, in which case the permittee will have 90 days to finalize such changes to the SWMP. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 25 6. SWMP Updates Changes that are made to the SWMP before the NOI is approved by the TCEQ must be submitted in a letter providing supplemental information to the NOI. Changes to the SWMP that are made after TCEQ approval of the NOI and SWMP may be made by submittal and approval of a notice of change (NOC) unless the changes are non- substantial and do not change terms and conditions in the SWMP. Changes may be made as follows: (a) Changes that do not require an NOC The following changes may be implemented without submitting an NOC form. The changes may be made immediately following revision of the SWMP: (1) Adding (but not subtracting or replacing) components, controls, or requirements to the SWMP; (2) Adding areas such as by annexing land, or otherwise acquire additional land that expands the boundary of the MS4, or subtracting areas, such as by de-annexing lands; (3) Adding impaired water bodies that are identified pursuant to Part II.D.4; and (4) Minor modifications to the SWMP that include administrative or non-substantial changes as follows: a. A change in personnel, or a reorganization of departments responsible for implementing the SWMP; b. Minor clarifications to the existing BMPs; c. Correction of typographical errors; d. Other similar administrative or non-substantive comments. (b) Changes that require an NOC Modifications to the SWMP that include the following changes require submittal of an NOC along with those portions of the SWMP that are applicable to the change(s). The changes may be implemented once the permittee receives approval of the NOC. (1) Replacing a less effective or infeasible BMP specifically identified in the SWMP with an alternative BMP, (for example, replacing a structural BMP with a non- structural BMP would be considered a replacement). The SWMP update must include documentation of the following: a. An analysis of why the BMP is ineffective or infeasible (including cost prohibitive); b. Expectations of the effectiveness of the replacement BMP; and c. An analysis of why the replacement BMP is expected to achieve the goals of the BMP to be replaced; (2) Requirement for more frequent monitoring or reporting by the permittee; and Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 26 (3) Interim compliance date change in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement. (c) Changes that require an NOC and Public Notice All other modifications that changes permit terms and conditions must be submitted on an NOC form along with those portions of the SWMP that are applicable to the changes. The changes may only be implemented following public notice and written approval by TCEQ. (1) After receiving an NOC, the TCEQ evaluates if the requested change(s) can be approved and might request additional information from the permittee during the review process. If the request can be approved, the MS4 is required to post the notice of the Executive Director’s preliminary determination of the NOC and the revised terms of the SWMP on the MS4’s website. If the MS4 does not have a website, the MS4 must notify TCEQ and TCEQ will post the notice on the TCEQ website at https://www.tceq.texas.gov/. (2) The public comment period begins on the first day the notice is posted on the MS4 or the TCEQ website and ends 30 days later. If the 30th calendar day falls on a date that TCEQ is not open for business, then the public comment period is extended until 5 pm on the next TCEQ business day. If there is a decision to hold a public meeting, then the public comment period will continue until the public meeting has been held. The public may submit comments regarding the proposed changes to the TCEQ Water Quality Division. (3) The Executive Director will hold a public meeting (equivalent to a “public hearing” as required by 40 CFR §122.28(d)(2)(ii)) if it is determined there is significant public interest. The Executive Director will post a notice of the public meeting on the TCEQ website at https://www.tceq.texas.gov/. The notice of a public meeting will be posted at least 30 days before the meeting and will be held in the county where the MS4 is located or primarily located. TCEQ staff will facilitate the meeting and provide a sign in sheet for attendees to register their names and addresses. The public meeting held under this general permit is not an evidentiary proceeding. If a public meeting is held, the comment period will end at the conclusion of the public meeting. (4) The Executive Director, after considering public comment, shall incorporate the NOC changes into the SWMP. Once the revised terms are incorporated into the SWMP, the Executive Director will notify the permittee and the public on the revised terms and conditions of the SWMP. 7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP Implementation The permitte shall implement the SWMP: (a) On all new areas added to its portion of the MS4 (or where the permittee becomes responsible for implementation of stormwater quality controls) as expeditiously as possible, but no later than three (3) years from addition of the new area. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 27 Implementation may be accomplished in a phased manner to allow additional time for controls that cannot be implemented immediately. (b) Within ninety (90) days of a transfer of ownership, operational authority, or responsibility for SWMP implementation, the permittee shall have a plan for implementing the SWMP in all affected areas. The plan must include schedules for implementation, and information on all new annexed areas. Any resulting updates required to the SWMP shall be submitted in the annual report. 8. Contents of the NOI The NOI must contain the following minimum information: (a) MS4 Operator Information (1) The name, mailing address, electronic mail (email) address, telephone number, and facsimile (fax) number of the MS4 operator; and (2) The legal status of the MS4 operator (for example, federal government, state government, county government, city government, or other government). (b) Site Information (1) The name, physical location description, and latitude and longitude of the approximate center of the regulated portion of the small MS4; (2) County or counties where the small MS4 is located; (3) An indication if all or a portion of the small MS4 is located on Indian Country Lands; (4) The name, mailing address, telephone number, email (if available) and fax number of the designated person(s) responsible for implementing or coordinating implementation of the SWMP; (5) A signature and certification on the NOI, according to 30 TAC § 305.44, that a SWMP has been developed according to the provisions of this permit; (6) A statement that the applicant will comply with the Public Participation requirements described in Part II.E.12.; (7) The name of each classified segment that receives discharges, directly or indirectly, from the small MS4. If one or more of the discharge(s) is not directly to a classified segment, then the name of the first classified segment that those discharges reach must be identified; (8) The name of any MS4 receiving the discharge prior to discharge into waters of the U.S.; (9) The name of all surface water(s) receiving discharges from the small MS4 that are on the latest EPA-approved CWA § 303(d) list of impaired waters; (10) An indication of whether the small MS4 discharges within the Recharge Zone, the Contributing Zone or the Contributing Zone within the Transition Zone of the Edwards Aquifer; and (11) Any other information deemed necessary by the executive director. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 28 9. Notice of Change (NOC) If the MS4 operator becomes aware that it failed to submit any relevant facts, or submitted incorrect information in the NOI, the correct information must be provided to the executive director in an NOC within 30 days after discovery. If any information provided in the NOI changes, an NOC must be submitted within 30 days from the time the permittee becomes aware of the change. Any revisions that are made to the SWMP must be made in accordance with Parts II.E.4 through 6. Changes that are made to the SWMP following NOI approval must be made using an NOC form, in accordance with Part II.E.6. Effective December 21, 2020, applicants must submit an NOC using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ. Waivers from electronic reporting reporting are not transferrable and expire on the same date as the authorization to discharge. 10. Change in Operational Control of a Small MS4 If the operational control of the regulated small MS4 changes, the previous operator must submit a Notice of Termination (NOT) and the new operator must submit an NOI and SWMP. The NOT and NOI must be submitted concurrently not more than ten (10) calendar days after the change occurs. Existing permittees who are expanding coverage of their MS4 area (e.g., city annexes part of unincorporated county MS4) are not required to submit a new NOI, but must comply with Part II.E.7. 11. Notice of Termination (NOT) A permittee may terminate coverage under this general permit by providing a Notice of Termination (NOT) on a form approved by the executive director. Authorization to discharge terminates at midnight on the day that an NOT is postmarked for delivery to the TCEQ, or immediately following confirmation of receipt of the electronic NOT form by the TCEQ. A NOT must be submitted within 30 days after the MS4 operator obtains coverage under an individual permit. Effective December 21, 2020, applicants must submit an NOT using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC § 305.44(a) and (b) (relating to Signatories to Applications). 13. Fees An application fee of $ 400.00 must be submitted with each NOI. A fee is not required for submission of a waiver form, an NOT, or an NOC. A permittee authorized under this general permit must pay an annual Water Quality fee of $100.00 under TWC § 26.0291 and 30 TAC Chapter 205 (relating to General Permits for Waste Discharges). Effective December 21, 2020, applicants seeking coverage under an NOI or a waiver must submit their application electronically using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 29 the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 14. Permit Expiration (a) This general permit is effective for five (5) years from the permit effective date. Authorizations for discharge under the provisions of this general permit will continue until the expiration date of the general permit. This general permit may be amended, revoked, or canceled by the commission or renewed by the TCEQ for an additional term not to exceed five (5) years. (b) If the executive director proposes to reissue this general permit before the expiration date, the general permit will remain in effect until the date on which the commission takes final action on the proposal to reissue this general permit. For existing permittees, general permit coverage will remain in effect after the expiration date of the existing general permit, in accordance with 30 TAC, Chapter 205. No new NOIs will be accepted and no new authorizations will be processed under the general permit after the expiration date. (c) Following issuance of a renewed or amended general permit, all permittees, including those covered under the expired general permit, may be required to submit an NOI according to the requirements of the new general permit or to obtain a TPDES individual permit for those discharges. The renewed permit will include a deadline to apply for coverage, and authorization for existing permittees will be automatically extended until the deadline to apply for coverage, or until an application is submitted for renewal, whichever occurs first. (d) If the TCEQ does not propose to reissue this general permit within 90 days before the expiration date, permittees must apply for authorization under a TPDES individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date of this general permit, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. 15. Suspension of Permit Coverage The executive director may suspend an authorization under this general permit for the reasons specified in 30 TAC § 205.4(d) by providing the discharger with written notice of the decision to suspend that authority, and the written notice will include a brief statement of the basis for the decision. If the decision requires an application for an individual permit or an alternative general permit, the written notice will also include a statement establishing the deadline for submitting an application. The written notice will state that the authorization under this general permit is either suspended on the effective date of the commission's action on the permit application, unless the commission expressly provides otherwise, or immediately, if required by the executive director. 16. Public Notice Process for NOI submittal An applicant under this general permit shall adhere to the following procedures: (a) The applicant shall submit an NOI and SWMP to the executive director. The SWMP must include information about: (1) BMPs the applicant will implement for each of the six MCMs and program elements pursuant to Part II.D (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements), as appropriate; Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 30 (2) The measurable goals for each of the BMPs and program elements pursuant to Part II.D.4 (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements), including, as appropriate the months and years in which the applicant will take the required actions, including interim milestones and the frequency of the action; and (3) The person or persons responsible for implementing or coordinating the applicants SWMP. (b) After the applicant receives written instructions from the TCEQ’s Office of Chief Clerk, the applicant must publish notice of the executive director’s preliminary decision on the NOI and SWMP. (c) The notice will include the following information, at a minimum: (1) The legal name of the MS4 operator; (2) Indication of whether the NOI is for a new authorization or is a renewal of an existing authorization; (3) The address of the applicant; (4) A brief summary of the information included in the NOI, such as the general location of the small MS4 and a description of the classified receiving waters that receive the discharges from the small MS4; (5) The location and mailing address where the public may provide comments to the TCEQ; (6) The public location where copies of the NOI and SWMP, as well as the executive director's general permit and fact sheet, may be reviewed; and (7) If required by the executive director, the date, time, and location of the public meeting. (d) This notice must be published at least once in a newspaper of general circulation in the municipality or county where the small MS4 is located. If the small MS4 is located in multiple municipalities or counties, the notice must be published at least once in a newspaper of general circulation in the municipality or county containing the largest resident population for the regulated portion of the small MS4. This notice must provide opportunity for the public to submit comments on the NOI and SWMP. In addition, the notice must allow the public to request a public meeting. A public meeting (equivalent to a “public hearing” as required by 40 CFR §122.28(d)(2)(ii)) will be held if the TCEQ determines that there is significant public interest. (e) The public comment period begins on the first date the notice is published and lasts for at least 30 days. If a public meeting is held, the comment period will end at the closing of the public meeting (see paragraph (f) below). The public may submit written comments to the TCEQ Office of Chief Clerk during the comment period detailing how the NOI or SWMP for the small MS4 fails to meet the technical requirements or conditions of this general permit. (f) If significant public interest exists, the executive director will direct the applicant to publish a notice of the public meeting and to hold the public meeting. The applicant shall publish notice of a public meeting at least 30 days before the meeting and hold the public meeting in a county where the small MS4 is located. TCEQ staff will facilitate the meeting. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section F Page 31 (g) If a public meeting is held, the applicant shall describe the contents of the NOI and SWMP. The applicant shall also provide maps and other data on the small MS4. The applicant shall provide a sign in sheet for attendees to register their names and addresses and furnish the sheet to the executive director. A public meeting held under this general permit is not an evidentiary proceeding. (h) The applicant shall file with the Chief Clerk a copy and an affidavit of the publication of notice(s) within 60 days of receiving the written instructions from the Chief Clerk. (i) The executive director, after considering public comment, will either approve, approve with conditions, or deny the NOI based on whether the NOI and SWMP meet the requirements of this general permit. (j) Persons whose names and addresses appear legibly on the sign-in sheet from the public meeting and persons who submitted written comments to the TCEQ will be notified by the TCEQ’s Office of Chief Clerk of the executive director’s decision regarding the authorization. Section F. Permitting Options 1. Authorization Under the General Permit An operator of a small MS4 is required to obtain authorization either under this general permit, or under an individual TPDES permit if it is located in a UA or designated by the TCEQ. Multiple small MS4s with separate operators must individually submit an NOI to obtain coverage under this general permit, regardless of whether the systems are physically interconnected, located in the same UA, or are located in the same watershed. Each regulated small MS4 will be issued a distinct permit number. These MS4 operators may combine or share efforts in meeting any or all of the SWMP requirements stated in Part III of this general permit. MS4 operators that share SWMP development and implementation responsibilities must meet the following conditions: (a) Participants The SWMP must clearly list the name and permit number for each MS4 operator that chooses to contribute to development or implementation of the SWMP, and provide written confirmation that the contributing MS4 operator has agreed to contribute. If a contributing small MS4 has submitted a NOI and SWMP to TCEQ, but has not yet received written notification of approval, along with the accompanying permit authorization number, a copy of the submitted NOI form must be made readily available or be included in the SWMP. (b) Responsibilities Each permittee is entirely responsible for meeting SWMP requirements within the boundaries of its small MS4. Where a separate MS4 operator is contributing to implementation of the SWMP, the SWMP must clearly define each minimum control measure and the component(s) each entity agrees to implement, within which MS4 area(s) each entity agrees to implement and clearly identify the contributing MS4 operator. 2. Alternative Coverage under an Individual TPDES Permit An MS4 operator eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to Consolidated Permits). The executive director may require a MS4 operator, authorized by Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A Page 32 this general permit, to apply for an individual TPDES permit because of: the conditions of an approved TMDL or TMDL implementation plan; a history of substantive non- compliance; or other 30 TAC Chapter 205 considerations and requirements; or other site- specific considerations. The executive director shall deny or suspend a facility’s authorization for disposal under this general permit based on a rating of “unsatisfactory performer” according to commission rules in 30 TAC §60.3, Use of Compliance History. An applicant who owns or operates a facility classified as an “unsatisfactory performer” is entitled to a hearing before the commission prior to having its coverage denied or suspended, in accordance with TWC § 26.040(h). Part III. Stormwater Management Program (SWMP) To the extent allowable under state and local law, a SWMP must be developed, implemented, and enforced according to the requirements of Part III of this general permit for stormwater discharges that reach waters of the U.S., regardless of whether the discharge is conveyed through a separately operated storm sewer system. The SWMP must be developed, implemented, and enforced to reduce the discharge of pollutants from the small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the CWA and the TWC. The SWMP must also be implemented and enforced in new MS4 areas added during the permit term. Implementation of appropriate BMPs for the new areas must occur in accordance with Part II.E.7. A permittee that implements BMPs consistent with the provisions of their permit and SWMP constitutes compliance with the standard of reducing pollutants to the MEP and will be deemed in compliance with Part III of this permit. This permit does not extend any compliance deadlines set forth in the previous permit effective December 13, 2013. Section A. Developing a Stormwater Management Program (SWMP) 1. SWMP Development and Schedule (a) Existing regulated small MS4s Permittees who were regulated under the previous TPDES general permit TXR040000, shall update and submit to the TCEQ an updated SWMP under this general permit along with the NOI for coverage. The NOI and SWMP are due within 180 days of the general permit effective date. The permittee shall continue to operate under the conditions of the previous permit and existing SWMP until the revised SWMP is approved. (b) Implementation of the SWMP Existing small MS4 operators shall ensure full implementation of any new elements in the revised SWMP as soon as practicable, but no later than five years from the permit effective date. Previously regulated MS4 operators shall continue to implement existing elements in the approved SWMPs until the revised SWMPs has been approved. Designated small MS4s must achieve full implementation of the SWMP as soon as practicable, but no later than five years from designation. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A Page 33 2. Content of the SWMP At a minimum, the permittee shall include the following information in its SWMP: (a) A description of Minimum Control Measures (MCM) with measureable goals, including, as appropriate, the months and years when the permittee will undertake required actions, including interim milestones and the frequency of the action for each MCM described in Part III, Section B. (b) A measurable goal that includes the development of ordinances or other regulatory mechanisms allowed by state, federal and local law, providing the legal authority necessary to implement and enforce the requirements of this permit, including information on any limitations to the legal authority; (c) The measurable goals selected by the permittee must be clear, specific, and measurable. (d) A summary of written procedures describing how the permittee will implement the provisions in Parts III and IV of this general permit. (e) A description of a program or a plan of compliance with the requirements in Part II.D.4. (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements) (f) Identification of any impaired waters that have been added in accordance with Part II.D.4. 3. Legal Authority (a) Traditional small MS4s, such as cities (1) Within two years from the permit effective date, the permittee shall review and revise, if needed, its relevant ordinance(s) or other regulatory mechanism(s), or shall adopt a new ordinance(s) or other regulatory mechanism(s) that provide the permittee with adequate legal authority to control pollutant discharges into and from its small MS4 in order to meet the requirements of this general permit. (2) To be considered adequate, this legal authority must, at a minimum, address the following: a. Authority to prohibit illicit discharges and illicit connections; b. Authority to respond to and contain other releases – Control the discharge of spills, and prohibit dumping or disposal of materials other than stormwater into the small MS4; c. Authority to require compliance with conditions in the permittee’s ordinances, permits, contracts, or orders; d. Authority to require installation, implementation, and maintenance of control measures; e. Authority to receive and collect information, such as stormwater plans, inspection reports, and other information deemed necessary to assess compliance with this permit, from operators of construction sites, new or redeveloped land, and industrial and commercial facilities; f. Authority, as needed, to enter and inspect private property including facilities, equipment, practices, or operations related to stormwater discharges to the small MS4; Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A Page 34 g. Authority to respond to non-compliance with BMPs required by the small MS4 consistent with their ordinances or other regulatory mechanism(s); h. Authority to assess penalties, including monetary, civil, or criminal penalties; and i. Ability to enter into interagency or interlocal agreements or other maintenance agreements, as necessary. (b) Non-traditional small MS4s, such as counties, drainage districts, transportation entities, municipal utility districts, military bases, prisons, and universities (1) Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the permittee shall exert enforcement authority as required by this general permit for its facilities, employees, contractors, and any other entity over which it has operational control within the portion of the UA under the jurisdiction of the permittee. For discharges from third party actions, the permittee shall perform inspections and exert enforcement authority to the MEP. (2) If the permittee does not have inspection or enforcement authority and is unable to meet the goals of this general permit through its own powers, then, unless otherwise stated in this general permit, the permittee shall perform the following actions in order to meet the goals of the permit: a. Enter into interlocal agreements with municipalities where the small MS4 is located. These interlocal agreements must state the extent to which the municipality will be responsible for inspections and enforcement authority in order to meet the conditions of this general permit; or, b. If it is not feasible for the permittee to enter into interlocal agreements, the permittee shall notify an adjacent MS4 operator with enforcement authority or the appropriate TCEQ Regional Office to report discharges or incidents that it cannot itself enforce against. In determining feasibility for entering into interlocal agreements, the permittee shall consider all factors, including, without limitations, financial considerations and the willingness of the municipalities in which the small MS4 is located. 4. Resources It is the permittee’s responsibility to ensure that it has adequate resources and funding to implement the requirements of this permit. 5. Effluent Limitations The controls and BMPs included in the SWMP constitute effluent limitations for the purposes of compliance with state rules. This includes the requirements of 30 TAC Chapter 319, Subchapter B, which lists the maximum allowable concentrations of hazardous metals for discharge to water in the state. 6. Enforcement Measures Permittees with enforcement authority (i.e. traditional small MS4s) shall develop a standard operating procedure (SOP) to respond to violations to the extent allowable under state and local law. When the permittee does not have enforcement authority over the violator, and the violations continue after violator has been notified by the permittee, or the source of the illicit discharge is outside the MS4’s boundary, the permittee shall notify either the adjacent MS4 operator with enforcement authority or the appropriate TCEQ Regional Office. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 35 Section B. Minimum Control Measures Operators of small MS4s seeking coverage under this general permit shall develop and implement a SWMP that includes the following six minimum control measures (MCMs), as applicable. All program elements must be implemented according to the schedule mentioned in Part III.A. All six MCMs apply to all MS4s regardless of their level as described in Part II.A.5. Specific program elements under each MCM shall be implemented by all MS4 operators, unless it is specifically stated that particular program elements only are applicable for certain levels of small MS4s. Permittees shall provide justification within the SWMP for any requirements that were not implemented because they were not feasible as described in each MCM. 1. Public Education, Outreach, and Involvement (a) Public Education and Outreach (1) All permittees shall develop, implement, and maintain a comprehensive stormwater education and outreach program to educate public employees, businesses, and the general public of hazards associated with the illegal discharges and improper disposal of waste and about the impact that stormwater discharges can have on local waterways, as well as the steps that the public can take to reduce pollutants in stormwater. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. The program must, at a minimum: a. Define the goals and objectives of the program based on high priority community-wide issues (for example, reduction of nitrogen in discharges from the small MS4, promoting previous techniques used in the small MS4, or improving the quality of discharges to the Edwards Aquifer); b. Identify the target audience(s); c. Develop or utilize appropriate educational materials, such as printed materials, billboard and mass transit advertisements, signage at select locations, radio advertisements, television advertisements, and websites; d. Determine cost effective and practical methods and procedures for distribution of materials. (2) Throughout the permit term, all permittees shall make the educational materials available to convey the program’s message to the target audience(s) at least annually. (3) If the permittee has a public website, the permittee shall post its SWMP and the annual reports required under Part IV.B.2. or a summary of the annual report on the permittee’s website. The SWMP must be posted no later than 30 days after the approval date, and the annual report no later than 30 days after the due date. (4) All permittees shall annually review and update the SWMP and MCM implementation procedures required by Part III.A.2., as necessary. Any changes Small MS4 General Permit TPDES Draft GP TXR040000 Part III, Section B Page 36 must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. (5) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the required outreach. (b) Public Involvement All permittees shall involve the public, and, at minimum, comply with any state and local public notice requirements in the planning and implementation activities related to developing and implementing the SWMP, except that correctional facilities are not required to implement this portion of the MCM. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. At a minimum, all permittees shall: (1) Consider using public input (for example, the opportunity for public comment, or public meetings) in the implementation of the program; (2) Create opportunities for citizens to participate in the implementation of control measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring, volunteer “Adopt-A-Highway” programs, and educational activities; (3) Ensure the public can easily find information about the SWMP. 2. Illicit Discharge Detection and Elimination (IDDE) (a) Program Development (1) All permittees shall develop, implement, and enforce a program to detect, investigate, and eliminate illicit discharges into the small MS4. The program must include a plan to detect and address non-stormwater discharges, including illegal dumping to the MS4 system. Existing permittees must assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. (See also Part III.A.1(c). The Illicit Discharge Detection and Elimination (IDDE) program must include the following: a. An up-to-date MS4 map (see Part III.B.2.(c)(1)); b. Methods for informing and training MS4 field staff (see Part III.B.2.(c)(2)); c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5)); d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5)); Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 37 e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any leaking on-site sewage disposal systems that discharge into the small MS4; f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4 likely to have illicit discharges, and a list of all such areas identified in the small MS4 (see Part III.B.2.(e)(1)); g. For Level 4 small MS4s, field screening to detect illicit discharges (see Part III.B.2.(e)(2)); and h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the MS4. (see Part III.B.2.(e)(3).) (2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed related to another operator’s MS4, the permittee shall notify the other MS4 operator within 48 hours of discovery. If notification to the other MS4 operator is not practicable, then the permittee shall notify the appropriate TCEQ Regional Office of the possible illicit connection or illicit discharge. (3) If another MS4 operator notifies the permittee of an illegal connection or illicit discharge to the small MS4, then the permittee shall follow the requirements specified in Part III.B.2.(c)(3). (4) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. (b) Allowable Non-Stormwater Discharges Non-stormwater flows listed in Part II.C do not need to be considered by the permittee as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the small MS4. (c) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6) (1) MS4 mapping All permittees shall maintain an up-to-date MS4 map, which must be located on site and available for review by the TCEQ. The MS4 map must show at a minimum the following information: a. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of the U.S; b. The location and name of all surface waters receiving discharges from the small MS4 outfalls; and c. Priority areas identified under Part III.B.2.(e)(1), if applicable. (2) Education and Training All permittees shall implement a method for informing or training all the permittee’s field staff that may come into contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal job responsibilities. Training program materials and attendance lists must be maintained on site and made available for review by the TCEQ. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 38 (3) Public Reporting of Illicit Discharges and Spills All permittees shall publicize and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central contact point to receive reports; for example by including a phone number for complaints and spill reporting. (4) All permittees shall develop and maintain on-site procedures for responding to illicit discharges and spills. (5) Source Investigation and Elimination a. Minimum Investigation Requirements – Upon becoming aware of an illicit discharge, all permittees shall conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable. (i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For example, sanitary sewage may be considered a high priority discharge. (ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any illicit flows believed to be an immediate threat to human health or the environment. (iii) All permittees shall track all investigations and document, at a minimum, the date(s) the illicit discharge was observed; the results of the investigation; any follow-up of the investigation; and the date the investigation was closed. b. Identification and Investigation of the Source of the Illicit Discharge –All permittees shall investigate and document the source of illicit discharges where the permittees have jurisdiction to complete such an investigation. If the source of illicit discharge extends outside the permittee’s boundary, all permittees shall notify the adjacent permitted MS4 operator or the appropriate TCEQ Regional Office according to Part III.A.3.b. c. Corrective Action to Eliminate Illicit Discharge If and when the source of the illicit discharge has been determined, all permittees shall immediately notify the responsible party of the problem, and shall require the responsible party to perform all necessary corrective actions to eliminate the illicit discharge. (6) Inspections –The permittee shall conduct inspections, in response to complaints, and shall conduct follow-up inspections to ensure that corrective measures have been implemented by the responsible party. The permittee shall develop written procedures describing the basis for conducting inspections in response to complaints and conducting follow-up inspections. (d) Additional Requirements for Level 3 and 4 small MS4s In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees who operate Level 3 and 4 small MS4s shall meet the following requirements: Source Investigation and Elimination Permittees who operate Level 3 and 4 small MS4 shall upon being notified that the discharge has been eliminated, conduct a follow-up investigation or field screening, consistent with Part III.B.2.(e)(2), to verify that the discharge has been eliminated. The Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 39 permittee shall document its follow-up investigation. The permittee may seek recovery and remediation costs from responsible parties consistent with Part III.A.3., and require compensation related costs. Resulting enforcement actions must follow the procedures for enforcement action in Part III.A.3. If the suspected source of the illicit discharge is authorized under an NPDES/TPDES permit or the discharge is listed as an authorized non-stormwater discharge, as described in Part III.C, no further action is required. (e) Additional Requirements for Level 4 small MS4s In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees who operate Level 4 small MS4s shall meet the following requirements: (1) Identification of Priority Areas Permittees who operate Level 4 small MS4s shall identify priority areas likely to have illicit discharges and shall document the basis for the selection of each priority area and shall create a list of all priority areas identified. This priority area list must be available for review by the TCEQ. (2) Dry Weather Field Screening By the end of the permit term, permittees who operate Level 4 small MS4s shall develop and implement a written dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. Dry weather field screening must consist of (1) field observations; and (2) field screening according to item (2)c. below. If dry weather field screening is necessary, at a minimum, the permittee shall: a. Conduct dry weather field screening in priority areas as identified by the permittee in Part III.B.2(e)(1). By the end of the permit term, all of those priority areas, although not necessarily all individual outfalls must be screened. b. Field observation requirements – The permittee shall develop written procedures for observing flows from outfalls when there has been at least 72 hours of dry weather. The written procedures must include the basis used to determine which outfalls will be observed. The permittee shall record visual observations such as odor, color, clarity, floatables, deposits, or stains. c. Field screening requirements – The permittee shall develop written procedures to determine which dry weather flows will be screened, based on results of field observations or complaint from the public or the permittee’s trained field staff. At a minimum, when visual observations indicate a potential problem such as discolored flows, foam, surface sheen, and other similar indicators of contamination, the permittee shall conduct a field screening analysis for selected indicator pollutants. The basis for selecting the indicator pollutants must be described in the written procedures. Screening methodology may be modified based on experience gained during the actual field screening activities. The permittee shall document the method used. (3) Reduction of Floatables The permittee shall implement a program to reduce the discharge of floatables (for example, litter and other human-generated solid refuse) in the MS4. The MS4 shall include source controls at a minimum and structural controls and other appropriate controls where necessary. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 40 The permittee shall maintain two locations where floatable material can be removed before the stormwater is discharged to or from the MS4. Floatable material shall be collected at the frequency necessary for maintenance of the removal devices, but not less than twice per year. The amount of material collected shall be estimated by weight, volume, or by other practical means. Results shall be included in the annual report. 3. Construction Site Stormwater Runoff Control (a) Requirements and Control Measures (1) All permittees shall develop, implement, and enforce a program requiring operators of small and large construction activities, as defined in Part I of this general permit, to select, install, implement, and maintain stormwater control measures that prevent illicit discharges to the MEP. The program must include the development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure compliance to the extent allowable under state, federal, and local law, to require erosion and sediment control. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the the progam fully implemented by the end of this permit term. If TCEQ waives requirements for stormwater discharges associated with small construction from a specific site(s), the permittee is not required to enforce the program to reduce pollutant discharges from such site(s). (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be maintained on site or in the SWMP and made available for inspection by the TCEQ. (2) All permittees shall require that construction site operators implement appropriate erosion and sediment control BMPs. The permittee’s construction program must ensure the following minimum requirements are effectively implemented for all small and large construction activities discharging to its small MS4. a. Erosion and Sediment Controls - Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. b. Soil Stabilization - 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. In arid, semiarid, and drought-stricken areas, where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 41 The permittee shall develop written procedures that describes initiating and completing stabilization measures for construction sites. c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the discharge of pollutants to the small MS4. At a minimum, such BMPs must be designed, installed, implemented and maintained to: (i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters; (ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and (iii) Minimize the discharge of pollutants from spills and leaks. d. As an alternative to (a) through (c) above, all permittees shall ensure that all small and large construction activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention plan (SWP3) in accordance with the TPDES CGP TXR150000. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed and described in the written procedure required in item (2)b. above. As an alternative, vegetative stabilization measures may be implemented as soon as practicable. (3) Prohibited Discharges - The following discharges are prohibited: a. Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control; b. Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials; c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; d. Soaps or solvents used in vehicle and equipment washing; and e. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs. (4) Construction Plan Review Procedures To the extent allowable by state, federal, and local law, all permittees shall maintain and implement site plan review procedures that describe which plans will be reviewed as well as when an operator may begin construction. For those permittees without legal authority to enforce site plan reviews, this requirement is limited to those sites operated by the permittee and its contractors and located within the permittee’s regulated area. The site plan procedures must meet the following minimum requirements: a. The site plan review procedures must incorporate consideration of potential water quality impacts. b. The permittee may not approve any plans unless the plans contain appropriate site specific construction site control measures that, at a minimum, meet the requirements described in Part III.B.3.(a) or in the TPDES CGP, TXR150000. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 42 The permittee may require and accept a plan, such as a SWP3, that has been developed pursuant to the TPDES CGP, TXR150000. (5) Construction Site Inspections and Enforcement To the extent allowable by state, federal, and local law, all permittees shall implement procedures for inspecting large and small construction projects. Permittees without legal authority to inspect construction sites shall at a minimum conduct inspection of sites operated by the permittee or its contractors and that are located in the permittee’s regulated area. a. The permittee shall conduct inspections based on the evaluation of factors that are a threat to water quality, such as: soil erosion potential; site slope; project size and type; sensitivity of receiving waterbodies; proximity to receiving waterbodies; non-stormwater discharges; and past record of non-compliance by the operators of the construction site. b. Inspections must occur during the active construction phase. (i) All permittees shall develop and implement updated written procedures outlining the inspection and enforcement requirements. These procedures must be maintained on-site or in the SWMP and be made available to TCEQ. (ii) Inspections of construction sites must, at a minimum: 1. Determine whether the site has appropriate coverage under the TPDES CGP, TXR150000. If no coverage exists, notify the permittee of the need for permit coverage; 2. Conduct a site inspection to determine if control measures have been selected, installed, implemented, and maintained according to the small MS4’s requirements; 3. Assess compliance with the permittee’s ordinances and other regulations; and 4. Provide a written or electronic inspection report. c. Based on site inspection findings, all permittees shall take all necessary follow- up actions (for example, follow-up-inspections or enforcement) to ensure compliance with permit requirements and the SWMP. These follow-up and enforcement actions must be tracked and maintained for review by the TCEQ. For non-traditional small MS4s with no enforcement powers, the permittee shall notify the adjacent MS4 operator with enforcement authority or the appropriate TCEQ Regional Office according to Part III.A.3(b). (6) Information submitted by the Public All permittees shall develop, implement, and maintain procedures for receipt and consideration of information submitted by the public. (7) MS4 Staff Training All permittees shall ensure that all staff whose primary job duties are related to implementing the construction stormwater program (including permitting, plan review, construction site inspections, and enforcement) are informed or trained to Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 43 conduct these activities. The training may be conducted by the permittee or by outside trainers. (c) Additional Requirements for Level 3 and 4 small MS4s In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees who operate Level 3 and 4 small MS4s shall meet the following requirements: Construction Site Inventory Permittees who operate Level 3 and 4 small MS4s shall maintain an inventory of all permitted active public and private construction sites, that result in a total land disturbance of one or more acres or that result in a total land disturbance of less than one acre if part of a larger common plan or development or sale. Notification to the small MS4 must be made by submittal of a copy of an NOI or a small construction site notice, as applicable. The permittee shall make this inventory available to the TCEQ upon request. 4. Post Construction Stormwater Management in New Development and Redevelopment (a) Post-Construction Stormwater Management Program (1) All permittees shall develop, implement, and enforce a program, to the extent allowable under state, federal, and local law, to control stormwater discharges from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part of a larger common plan of development or sale. The program must be established for private and public development sites. The program may utilize an offsite mitigation and payment in lieu of components to address this requirement. Existing permittees shall assess program elements that were described in the previous permit and modify as necessary to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of the permit term. (2) All permittees shall use, to the extent allowable under state, federal, and local law and local development standards, an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects. The permittees shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protects water quality. If the construction of permanent structures is not feasible due to space limitations, health and safety concerns, cost effectiveness, or highway construction codes, the permittee may propose an alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented by the end of the permit term. (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 44 included in the annual report. Such written procedures must be maintained either on site or in the SWMP and made available for inspection by TCEQ. (2) All permittees shall document and maintain records of enforcement actions and make them available for review by the TCEQ. (3) Long-Term Maintenance of Post-Construction Stormwater Control Measures All permittees shall, to the extent allowable under state, federal, and local law, ensure the long-term operation and maintenance of structural stormwater control measures installed through one or both of the following approaches: a. Maintenance performed by the permittee. (See Part III.B.5) b. Maintenance performed by the owner or operator of a new development or redeveloped site under a maintenance plan. The maintenance plan must be filed in the real property records of the county in which the property is located. The permittee shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site. The permittee shall require operation and maintenance performed is documented and retained on site, such as at the offices of the owner or operator, and made available for review by the small MS4. (c) Additional Requirements for Level 4 small MS4s In addition to the requirements described in Parts III.B.5(b)(1)-(3), permittees who operate Level 4 small MS4s shall meet the following requirements: Inspections - Permittees who operate Level 4 small MS4s shall develop and implement an inspection program to ensure that all post construction stormwater control measures are operating correctly and are being maintained as required consistent with its applicable maintenance plan. For small MS4s with limited enforcement authority, this requirement applies to the structural controls owned and operated by the small MS4 or its contractors that perform these activities within the small MS4’s regulated area. Inspection Reports - The permittee shall document its inspection findings in an inspection report and make them available for review by the TCEQ. 5. Pollution Prevention and Good Housekeeping for Municipal Operations (a) Program development All permittees shall develop and implement an operation and maintenance program, including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities and municipally owned areas including but not limited to park and open space maintenance; street, road, or highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer stations; and salt/sand storage locations. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharges of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 45 regulated permittees shall have the program fully implemented by the end of this permit term. (See also Part III.A.1.(c)) (b) Requirements for all Permittees All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in the program: (1) Permittee-owned Facilities and Control Inventory All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and operates within the regulated area of the small MS4. The inventory must include all applicable permit numbers, registration numbers, and authorizations for each facility or controls. The inventory must be available for review by TCEQ and must include, but is not limited, to the following, as applicable: a. Composting facilities; b. Equipment storage and maintenance facilities; c. Fuel storage facilities; d. Hazardous waste disposal facilities; e. Hazardous waste handling and transfer facilities; f. Incinerators; g. Landfills; h. Materials storage yards; i. Pesticide storage facilities; j. Buildings, including schools, libraries, police stations, fire stations, and office buildings; k. Parking lots; l. Golf courses; m. Swimming pools; n. Public works yards; o. Recycling facilities; p. Salt storage facilities; q. Solid waste handling and transfer facilities; r. Street repair and maintenance sites; s. Vehicle storage and maintenance yards; and t. Structural stormwater controls. (2) Training and Education All permittees shall inform or train appropriate employees involved in implementing pollution prevention and good housekeeping practices. All permittees shall maintain a training attendance list for inspection by TCEQ when requested. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 46 (3) Disposal of Waste Material - Waste materials removed from the small MS4 must be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable. (4) Contractor Requirements and Oversight a. Any contractors hired by the permittee to perform maintenance activities on permittee-owned facilities must be contractually required to comply with all of the stormwater control measures, good housekeeping practices, and facility- specific stormwater management operating procedures described in Parts III B.5.(b)(2)-(6). b. All permittees shall provide oversight of contractor activities to ensure that contractors are using appropriate control measures and SOPs. Oversight procedures must be maintained on-site and made available for inspection by TCEQ. (5) Municipal Operation and Maintenance Activities a. Assessment of permittee-owned operations All permittees shall evaluate operation and maintenance (O&M) activities for their potential to discharge pollutants in stormwater, including but not limited to: (i) Road and parking lot maintenance, including such areas as pothole repair, pavement marking, sealing, and re-paving; (ii) Bridge maintenance, including such areas as re-chipping, grinding, and saw cutting; (iii) Cold weather operations, including plowing, sanding, and application of deicing and anti-icing compounds and maintenance of snow disposal areas; and (iv) Right-of-way maintenance, including mowing, herbicide and pesticide application, and planting vegetation. b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities (for example, metals; chlorides; hydrocarbons such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash). c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the discharge of pollutants in stormwater from the above activities. These pollution prevention measures may include the following examples: (i) Replacing materials and chemicals with more environmentally benign materials or methods; (ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from entering surface waters; and (iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent discharge into surface waters. d. Inspection of pollution prevention measures - All pollution prevention measures implemented at permittee-owned facilities must be visually inspected to ensure they are working properly. The permittee shall develop written procedures that describes frequency of inspections and how they will Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 47 be conducted. A log of inspections must be maintained and made available for review by the TCEQ upon request. (6) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed by the permittee and consistent with maintaining the effectiveness of the BMP. The permittee shall develop written procedures that define the frequency of inspections and how they will be conducted. (c) Additional Requirements for Level 3 and 4 small MS4s: In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who operate Level 3 or 4 small MS4s shall meet the following requirements: (1) Storm Sewer System Operation and Maintenance a. Permittees who operate Level 3 or 4 small MS4s shall develop and implement an O&M program to reduce to the maximum extent practicable the collection of pollutants in catch basins and other surface drainage structures. b. Permittees who operate Level 3 or 4 small MS4s shall develop a list of potential problem areas. The permittees shall identify and prioritize problem areas for increased inspection (for example, areas with recurrent illegal dumping). (2) Operation and Maintenance Program to Reduce Discharges of Pollutants from Roads Permittees who operate Level 3 or 4 small MS4s shall implement an O&M program that includes at least one of the following: a street sweeping and cleaning program, or an equivalent BMP such as an inlet protection program, which must include an implementation schedule and a waste disposal procedure. The basis for the decision must be included in the SWMP. If a street sweeping and cleaning program is implemented, the permittee shall evaluate the following permittee-owned and operated areas for the program: streets, road segments, and public parking lots including, but not limited to, high traffic zones, commercial and industrial districts, sport and event venues, and plazas, as well as areas that consistently accumulate high volumes of trash, debris, and other stormwater pollutants. a. Implementation schedules – If a sweeping program is implemented, the permittee shall sweep the areas in the program (for example, the streets, roads, and public parking lots) in accordance with a frequency and schedule determined in the permittee’s O&M program. b. For areas where street sweeping is technically infeasible (for example, streets without curbs), the permittee shall focus implementation of other trash and litter control procedures, or provide inlet protection measures to minimize pollutant discharges to storm drains and creeks. c. Sweeper Waste Material Disposal – If utilizing street sweepers, the permittee shall develop a procedure to dewater and dispose of street sweeper waste material and shall ensure that water and material will not reenter the small MS4. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 48 (3) Mapping of Facilities Permittees who operate Level 3 or 4 small MS4s shall, on a map of the area regulated under this general permit, identify where the permittee-owned and operated facilities and stormwater controls are located. (4) Facility Assessment Permittees who operate Level 3 or 4 small MS4s shall perform the following facility assessment in the regulated portion of the small MS4 operated by the permittee: a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall review the facilities identified in Part III.B.5.(b) once per permit term for their potential to discharge pollutants into stormwater. b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a. assessment, the permittee shall identify as high priority those facilities that have a high potential to generate stormwater pollutants and shall document this in a list of these facilities. Among the factors that must be considered in giving a facility a high priority ranking are the amount of urban pollutants stored at the site, the identification of improperly stored materials, activities that must not be performed outside (for example, changing automotive fluids, vehicle washing), proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). High priority facilities must include, at a minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel storage locations, and any other facilities at which chemicals or other materials have a high potential to be discharged in stormwater. c. Documentation of Assessment Results - The permittee shall document the results of the assessments and maintain copies of all site evaluation checklists used to conduct the assessments. The documentation must include the results of the permittee’s initial assessment, and any identified deficiencies and corrective actions taken. (5) Development of Facility Specific SOPs Permittees who operate Level 3 or 4 small MS4s shall develop facility specific stormwater management SOPs. The permittee may utilize existing plans or documents that may contain the following required information: a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee shall develop a SOP that identifies BMPs to be installed, implemented, and maintained to minimize the discharge of pollutants in stormwater from each facility. b. A hard or electronic copy of the facility-specific stormwater management SOP (or equivalent existing plan or document) must be maintained and be available for review by the TCEQ. The SOP must be kept on site when possible and must be kept up to date. (6) Stormwater Controls for High Priority Facilities Permittees who operate Level 3 or 4 small MS4s shall implement the following stormwater controls at all high priority facilities identified in Part III.B.5.(c)(4)b. A description of BMPs developed to comply with this requirement must be included in each facility specific SOP: Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 49 a. General good housekeeping – Material with a potential to contribute to stormwater pollution must be sheltered from exposure to stormwater. b. De-icing and anti-icing material storage - The permittee shall ensure, to the MEP, that stormwater runoff from storage piles of salt and other de-icing and anti-icing materials is not discharged; or shall ensure that any discharges from the piles are authorized under a separate discharge permit. c. Fueling operations and vehicle maintenance - The permittee shall develop SOPs (or equivalent existing plans or documents) that address spill prevention and spill control at permittee-owned and operated vehicle fueling, vehicle maintenance, and bulk fuel delivery facilities. d. Equipment and vehicle washing - The permittee shall develop SOPs that address equipment and vehicle washing activities at permittee-owned and operated facilities. The discharge of equipment and vehicle wash water to the small MS4 or directly to receiving waters from permittee-owned facilities is not authorized under this general permit. To ensure that wastewater is not discharged under this general permit, the permittee’s SOP may include installing a vehicle wash reclaim system, capturing and hauling the wastewater for proper disposal, connecting to sanitary sewer (where applicable and approved by local authorities), ceasing the washing activity, or applying for and obtaining a separate TPDES permit. (7) Inspections Permittees who operate Level 3 or 4 small Ms4s shall develop and implement an inspection program, which at a minimum must include periodic inspections of high priority permittee-owned facilities. The results of the inspections and observations must be documented and available for review by the TCEQ. (d) Additional Requirements for Level 4 small MS4s: In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above, permittees who operate Level 4 small MS4s shall meet the following requirements: (1) Pesticide, Herbicide, and Fertilizer Application and Management a. Landscape maintenance - The permittee shall evaluate the materials used and activities performed on public spaces owned and operated by the permittee such as parks, schools, golf courses, easements, public rights of way, and other open spaces for pollution prevention opportunities. Maintenance activities for the turf landscaped portions of these areas may include mowing, fertilization, pesticide application, and irrigation. Typical pollutants include sediment, nutrients, hydrocarbons, pesticides, herbicides, and organic debris. b. The permittee shall implement the following practices to minimize landscaping-related pollutant generation with regard to public spaces owned and operated by the permittee: (i) Educational activities, permits, certifications, and other measures for the permittee’s applicators and distributors. (ii) Pest management measures that encourage non-chemical solutions where feasible. Examples may include: (a) Use of native plants or xeriscaping; Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 50 (b) Keeping clippings and leaves out the small MS4 and the street by encouraging mulching, composting, or landfilling; (c) Limiting application of pesticides and fertilizers if precipitation is forecasted within 24 hours, or as specified in label instructions; (d) Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing motorist safety. c. The permittee shall develop schedules for chemical application in public spaces owned and operated by the permittee that minimize the discharge of pollutants from the application due to irrigation and expected precipitation. d. The permittee shall ensure collection and proper disposal of the permittee’s unused pesticides, herbicides, and fertilizers. (2) Evaluation of Flood Control Projects The permittee shall assess the impacts of the receiving water(s) for all flood control projects. New flood control structures must be designed, constructed, and maintained to provide erosion prevention and pollutant removal from stormwater. The retrofitting of existing structural flood control devices to provide additional pollutant removal from stormwater shall be implemented to the maximum extent practicable. 6. Industrial Stormwater Sources Permittees operating a Level 4 small MS4 shall include the requirements described below in Part III. B.6(a) and (b) – this requirement is only applicable to Level 4 MS4s (a) Permittees who operate Level 4 small MS4s shall identify and control pollutants in stormwater discharges to the small MS4 from permittee’s landfills; other treatment, storage, or disposal facilities for municipal waste (for example, transfer stations and incinerators); hazardous waste treatment, storage, disposal and recovery facilities and facilities that are subject to Emergency Planning and Community Right-to-Know Act (EPCRA) Title III, Section 313; and any other industrial or commercial discharge the permittee determines are contributing a substantial pollutant loading to the small MS4. (b) The program must include priorities and procedures for inspections and for implementing control measures for such industrial discharges. 7. Authorization for Construction Activities where the Small MS4 is the Site Operator The development of this MCM for construction activities, where the small MS4 is the site operator, is optional and provides an alternative to the MS4 operator seeking coverage under TPDES CGP, TXR150000 for each construction activity. Permittees that choose to develop this measure will be authorized to discharge stormwater and certain non- stormwater from construction activities where the MS4 operator meets the definition of a construction site operator in Part I of this general permit. When developing this measure, permittees are required to meet all requirements of, and be consistent with, applicable effluent limitation guidelines for the Construction and Development industry (40 CFR Part 450), TPDES CGP TXR150000, and Part III.B.3 of this permit. The authorization to discharge under this MCM is limited to the regulated area, such as the portion of the small MS4 located within a UA or the area designated by TCEQ as requiring Small MS4 General Permit TPDES Draft GP TXR040000 Part III, Section C Page 51 coverage. However, an MS4 operator may also utilize this MCM over additional portions of their small MS4 that are also in compliance with all of the MCMs listed in this general permit. This MCM must be developed as a part of the SWMP that is submitted with the NOI for permit coverage. If this MCM is developed after submitting the initial NOI, an NOC must be submitted notifying the executive director of this change, and identifying the geographical area or boundary where the activities will be conducted under the provisions of this general permit. Utilization of this MCM does not preclude a small MS4 from obtaining coverage under the TPDES CGP, TXR150000, or under an individual TPDES permit. This MCM is only available for projects where the small MS4 is a construction site operator or owner, and the MCM does not provide any authorization for other construction site operators at a municipal project. Controls required under this MCM must be implemented prior to discharge from a municipal construction site into surface water in the state. The MCM must include: (a) A description of how construction activities will generally be conducted by the permittee so as to take into consideration local conditions of weather, soils, and other site-specific considerations; (b) A description of the area that this MCM will address and where the permittee’s construction activities are covered (for example within the boundary of the urbanized area, the corporate boundary, a special district boundary, an extra territorial jurisdiction, or other similar jurisdictional boundary); (c) Either a description of how the permittee will supervise or maintain oversight over contractor activities to ensure that the SWP3 requirements are properly implemented at the construction site; or how the permittee will make certain that contractors have a separate authorization for stormwater discharges; (d) A general description of how a SWP3 will be developed for each construction site, according to Part VI of this general permit, ”Authorization for Municipal Construction Activities”; and (e) Records of municipal construction activities authorized under this optional MCM, in accordance with Part VI of this general permit. Section C. General Requirements Permittees shall provide information in the SWMP documenting the development and implementation of the program. At a minimum, the documentation must include: 1. A list of any public or private entities assisting with the development or implementation of the SWMP; 2. If applicable, a list of all MS4 operators contributing to the development and implementation of the SWMP, including a clear description of the contribution; 3. A list of all BMPs and measurable goals for each of the MCMs; 4. A schedule for the implementation of all SWMP requirements. The schedule must include, as appropriate, the months and years in which the permittee will undertake Small MS4 General Permit TPDES General Permit TXR040000 Part IV, Section A & B Page 52 required actions, including interim milestones and the frequency of the action throughout the permit term. 5. A description of how each measurable goal will be evaluated; and 6. A rationale statement that addresses the overall program, including how the BMPs and measurable goals were selected. Part IV. Recordkeeping and Reporting Section A. Recordkeeping 1. The permittee shall retain all records, a copy of this TPDES general permit, and records of all data used to complete the application (NOI) for this general permit and satisfy the public participation requirements, for a period of at least three (3) years, or for the remainder of the term of this general permit, whichever is longer. This period may be extended by request of the executive director at any time. 2. The permittee shall submit the records to the executive director only when specifically asked to do so. The SWMP required by this general permit (including a copy of the general permit) must be retained at a location accessible to the TCEQ. 3. The permittee shall make the NOI and the SWMP available to the public at reasonable times during regular business hours, if requested to do so in writing. Copies of the SWMP must be made available within ten (10) working days of receipt of a written request. Other records must be provided in accordance with the Texas Public Information Act. However, all requests for records from federal facilities must be made in accordance with the Freedom of Information Act. 4. The period during which records are required to be kept shall be automatically extended to the date of the final disposition of any administrative or judicial enforcement action that may be instituted against the permittee. Section B. Reporting 1. General Reporting Requirements (a) Noncompliance Notification According to 30 TAC § 305.125(9), any noncompliance which may endanger human health or safety, or the environment, must be reported by the permittee to the TCEQ. Report of such information must be provided orally or by fax to the TCEQ Regional Office within 24 hours of becoming aware of the noncompliance. A written report must be provided by the permittee to the appropriate TCEQ Regional Office and to the TCEQ Enforcement Division (MC-224) within five working days of becoming aware of the noncompliance. The written report must contain: (1) A description of the noncompliance and its cause; (2) The potential danger to human health or safety, or the environment; (3) The period of noncompliance, including exact dates and times; (4) If the noncompliance has not been corrected, the anticipated time it is expected to continue; and Small MS4 General Permit TPDES General Permit TXR040000 Part IV, Section B Page 53 (5) Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. (b) Other Information When the permittee becomes aware that it either submitted incorrect information or failed to submit complete and accurate information requested in an NOI, NOT, or NOC, or any other report, the permittee shall promptly submit the facts or information to the executive director. 2. Annual Report The MS4 operator shall submit a concise annual report to the executive director within 90 days of the end of each reporting year. For the purpose of this section, the reporting year may include either the permit year, the permittee’s fiscal year or the calendar year, as elected by the small MS4 and notified to the TCEQ in the application submittal. The annual report must address the previous reporting year. The first reporting year for annual reporting purposes shall begin on the permit effective date and shall last for a period of one (1) year (the end of the “permit year”). Alternatively, if the permittee elects to report based on its fiscal year, the first reporting year will last until the end of the fiscal year immediately following the issuance date of this permit. If the permittee elects to report based on the calendar year, then the first reporting year will last until December 31, 2019. Subsequent calendar years will begin at the beginning of the first reporting year (which will vary based on the previous paragraph) and last for one (1) year. The MS4 operator shall also make a copy of the annual report readily available for review by TCEQ personnel upon request. The report must include: (a) The status of the compliance with permit conditions, an assessment of the appropriateness of the identified BMPs, progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, the measurable goals for each of the MCMs, and an evaluation of the success of the implementation of the measurable goals; (b) A summary of the results of information collected and analyzed, during the reporting period, including monitoring data used to assess the success of the program at reducing the discharge of pollutants to the MEP; (c) If applicable, a summary of any activities taken to address the discharge to impaired waterbodies, including any sampling results and a summary of the small MS4s BMPs used to address the pollutant of concern; (d) A summary of the stormwater activities the MS4 operator plans to undertake during the next reporting year; (e) Proposed changes to the SWMP, including changes to any BMPs or any identified measurable goals that apply to the program elements; (f) Description and schedule for implementation of additional BMP’s that may be necessary, based on monitoring results, to ensure compliance with applicable TMDLs and implementation plans. For waters that are listed as impaired after discharge authorization pursuant to Part II.D.4, include a list of such waters and the pollutant(s) causing the impairment, and a summary of any actions taken to comply with the requirements of Part II.D.4.b.; (g) Notice that the MS4 operator is relying on another government entity to satisfy some of its permit obligations (if applicable); Small MS4 General Permit TPDES General Permit TXR040000 Part V Page 54 (h) The number of construction activities where the small MS4 is the operator and authorized under the 7th optional MCM, including the total number of acres disturbed; and (i) The number of construction activities that occurred within the jurisdictional area of the small MS4 (as noticed to the permittee by the construction operator), and that were not authorized under the 7th MCM. MS4s authorized under the previous version of the permit must prepare an annual report whether or not the NOI and SWMP have been approved by the TCEQ. If the permittee has either not implemented the SWMP or not begun to implement the SWMP because it has not received approval of the NOI and SWMP, then the annual report may include that information. If permittees share a common SWMP, they shall contribute to and submit a single system- wide report. Each permittee shall sign and certify the annual report in accordance with 30 TAC § 305.128 (relating to Signatories to Reports). The annual report must be submitted with the appropriate TCEQ reporting forms if available, or as otherwise approved by TCEQ. The annual report must be submitted to the following address: Texas Commission on Environmental Quality Stormwater Team; MC - 148 P.O. Box 13087 Austin, Texas 78711-3087 A copy of the annual report must also be submitted to the TCEQ Regional Office that serves the area of the regulated small MS4, except if the report is submitted electronically. Effective December 21, 2020, annual reports must be submitted using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. Part V. Standard Permit Conditions A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the general permit and statutes under which it was issued, and is grounds for enforcement action, for terminating coverage under this general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. B. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. C. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. D. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee shall furnish to the executive director, upon Small MS4 General Permit TPDES General Permit TXR040000 Part V Page 55 request and within a reasonable timeframe, any information necessary for the executive director to determine whether cause exists for modifying, revoking, suspending, reissuing or terminating authorization under this general permit. Additionally, the permittee shall provide to the executive director, upon request, copies of all records that the permittee shall maintain as a condition of this general permit. E. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the conditions of this permit and with the condition of the permittee’s SWMP. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed only when the operation is necessary to achieve compliance with the conditions of this permit. F. Inspection and entry shall be allowed under the TWC Chapters 26-28, Health and Safety Code §§ 361.032-361.033 and 361.037, and 40 CFR §122.41(i). The statement in TWC § 26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety, internal security, and fire protection is not grounds for denial or restriction of entry to any part of the facility or site, but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. G. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under the TWC, Chapters 26, 27, and 28, and the Texas Health and Safety Code, Chapter 361 for violations including but not limited to the following: 1. Negligently or knowingly violating CWA, §§ 301, 302, 303, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA, § 402; and 2. Knowingly making any false statement, representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance. H. All reports and other information requested by or submitted to the executive director must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports). I. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. J. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located in a UA or that are designated by the TCEQ. Implementation of the SWMP in these areas is required three (3) years from acquiring the new area, or five (5) years from the date of initial permit coverage. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section A & B Page 56 Part VI. Authorization for Municipal Construction Activities – Applicable only if the 7th Optional MCM is selected The MS4 operator may obtain authorization under TPDES CGP, TXR150000 to discharge stormwater runoff from each construction activity performed by the MS4 operator that results in a land disturbance of one (1) acre or more of land or less than one (1) acre of land, if the construction activity is part of a larger common plan of development or sale that would disturb one acre or more. Alternatively, the MS4 operator may develop the SWMP to include the optional seventh (7th) stormwater MCM listed in Part III.B.7 of this general permit if the eligibility requirements in Part VI.A. below are met. If an MS4 operator decides to utilize this MCM, then the MS4 operator must include this MCM in its SWMP submitted with the NOI or submit an NOC notifying the executive director of the addition of this MCM to its SWMP. The MS4 operator must identify the geographic area or boundary where the construction activities will be conducted under the provisions of this general permit. If the permittee meets the terms and requirements of this general permit, then discharges from these construction activities may be authorized under this general permit as long as they occur within the regulated geographic area of the small MS4. An MS4 operator may utilize this MCM over additional portions of their small MS4 if those areas are also in compliance with all MCMs listed in this general permit. Even if an MS4 operator has developed this optional seventh stormwater MCM, the MS4 operator may apply under TPDES CGP TXR150000 for authorization for particular municipal construction activities including those activities that occur during periods of low potential for erosion (for which no SWP3 must be developed). Section A. Eligible Construction Sites Discharges from construction activities within the regulated area where the MS4 operator meets the definition of construction site operator are eligible for authorization under this general permit. Discharges from construction activities outside of the regulated area, where the MS4 operator meets the definition of construction site operator, are only eligible for authorization under this general permit in those areas where the MS4 operator meets the requirements of Parts III.B.1. through III.B.6 of this general permit, related to MCMs. Section B. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Discharges of stormwater runoff from construction support activities, including concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: (a) The activity is located within a one-mile distance from the boundary of the permitted construction site and directly supports the construction activity; Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section C Page 57 (b) A SWP3 is developed according to the provisions of this general permit and includes appropriate controls and measures to control sediment and erosion and discharge of pollutants in stormwater runoff from the supporting construction activity site; (c) The construction support activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges as required; and (d) Discharge of stormwater from concrete production facilities must meet the requirements in Section E below 3. Non-Stormwater Discharges The following non-stormwater discharges from construction sites authorized under this general permit are also eligible for authorization under this MCM: (a) Discharges from emergency fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); (b) Uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life), which include flushings from systems that utilize potable water, surface water, or groundwater that does not contain additional pollutants (uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) Water from the routine external washing of vehicles, the external portion of buildings or structures, and pavement, where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless spilled materials have been removed; and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, or dust; (d) Uncontaminated water used to control dust; (e) Potable water sources including waterline flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); (f) Uncontaminated air conditioning condensate; and (g) Uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents. 4. Other Permitted Discharges Any discharge authorized under a separate TPDES or TCEQ permit may be combined with discharges from construction sites operated by the small MS4, provided the discharge complies with the associated permit. Section C. Limitations on Permit Coverage Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization, are not eligible for coverage under Part VI of the general permit. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section D & E Page 58 Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements Operators of municipal construction activities that qualify for coverage under this general permit and that discharge stormwater associated with construction activities into surface water in the state must: 1. Develop a SWP3 according to the provisions of this general permit that covers the entire site and begin implementation of that plan prior to commencing construction activities; 2. Post a signed copy of a TCEQ approved site notice in a location at the construction site where it is readily available for viewing prior to commencing construction activities and maintain the notice in that location until completion of the construction activity and final stabilization of the site; 3. Ensure the project specifications allow or provide that adequate BMPs may be developed and modified as necessary to meet the requirements of this general permit and the SWP3; 4. Ensure all contractors are aware of the SWP3 requirements, are aware that municipal personnel are responsible for the day-to-day operations of the SWP3, and who to contact concerning SWP3 requirements; and 5. Ensure that the SWP3 identifies the municipal personnel responsible for implementation of control measures described in the plan. Section E. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s) authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or an individual permit. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. 1. Benchmark Sampling Requirements (a) Operators of concrete batch plants authorized under this section must sample the stormwater runoff from the concrete batch plants according to the requirements of this section of the general permit, and must conduct evaluations of the effectiveness of the SWP3 based on the following benchmark monitoring values: Table 1. Benchmark Monitoring Benchmark Parameters Benchmark Value Sampling Frequency Sample Type Oil and Grease (*1) 15 mg/L 1/quarter (*2)(*3) Grab (*4) Total Suspended Solids (*1) 50 mg/L 1/quarter (*2)(*3) Grab (*4) pH (*1) 6.0-9.0 S.U. 1/quarter (*2)(*3) Grab (*4) Total Iron (*1) 1.3 mg/L 1/quarter (*2)(*3) Grab (*4) Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 59 (*1) Analytical data intended for compliance with benchmark monitoring requirements must be analyzed by a National Environmental Laboratory Accreditation Program (NELAP) accredited laboratory based on state rules located in 30 TAC Chapter 25. Analysis must be performed using sufficiently sensitive methods for analysis that comply with the rules located in 40 CFR §136.1(c) and 40 CFR §122.44(i)(1)(iv). (*2) When discharge occurs. Sampling is required within the first 30 minutes of discharge. If it is not practicable to take the sample, or to complete the sampling, within the first 30 minutes, sampling must be completed within the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge, the reason must be documented and attached to all required reports and records of the sampling activity. (*3) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. • January through March • April through June • July through September • October through December For projects lasting less than one full quarter, a minimum of one sample shall be collected, provided that a stormwater discharge occurred at least once following submission of the NOI. (*4) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least 0.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant, and where the discharge exits any BMPs utilized to handle the runoff from the batch plant, prior to commingling with any other water authorized under this general permit. (b) The permittee shall compare the results of sample analyses to the benchmark values above, and must include this comparison in the overall assessment of the SWP3’s effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit, as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality. The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. The operator’s investigation must identify the following: (1) Any additional potential sources of pollution, such as spills that might have occurred; (2) Necessary revisions to good housekeeping measures that are part of the SWP3; (3) Additional BMPs, including a schedule to install or implement the BMPs; and (4) Other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 60 Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations, then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of stormwater run- on to the permitted facility, by laboratory analyses of samples of stormwater run-off from adjacent non-industrial areas, or by identifying the pollutant is a naturally occurring material in soils at the site. 2. BMPs and SWP3 Requirements Minimum Stormwater Pollution Prevention Plan (SWP3) Requirements - The following are required in addition to other SWP3 requirements listed in this section: (a) Description of Potential Pollutant Sources - The SWP3 must provide a description of potential sources (activities and materials) that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality, and must ensure the implementation of these practices. The following must be developed, at a minimum, in support of developing this description: (1) Drainage – The site map must include the following information: a. The location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; b. A depiction of the drainage area and the direction of flow to the outfall(s); c. Structural controls used within the drainage area(s); d. The locations of the following areas associated with concrete batch plants that are exposed to precipitation: vehicle and equipment maintenance activities (including fueling, repair, and storage areas for vehicles and equipment scheduled for maintenance); areas used for the treatment, storage, or disposal of wastes listed in the TPDES CGP TXR150000; liquid storage tanks; material processing and storage areas; and loading and unloading areas; and e. The locations of the following: any bag house or other dust control device(s); recycle or sedimentation pond, clarifier or other device used for the treatment of facility wastewater (including the areas that drain to the treatment device); areas with significant materials; and areas where major spills or leaks have occurred. (2) Inventory of Exposed Materials – A list of materials handled at the concrete batch plant that may be exposed to stormwater and that have a potential to affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (3) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed, maintained, and updated. (4) Sampling Data - A summary of existing stormwater discharge sampling data must be maintained, if available. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 61 (b) Measures and Controls - The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3’s “Description of Potential Pollutant Sources” from Part VI.E.2.(a) of this permit, and a schedule for implementation of the measures and controls. This must include, at a minimum: (1) Good Housekeeping - Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. a. Operators must prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), settled dust, or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation, and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. b. Operators must prevent the exposure of fine granular solids, such as cement, to stormwater. Where practicable, these materials must be stored in enclosed silos, hoppers or buildings, in covered areas, or under covering. (2) Spill Prevention and Response Procedures - Areas where potential spills that can contribute pollutants to stormwater runoff, and the drainage areas from these locations, must be identified in the SWP3. Where appropriate, the SWP3 must specify material handling procedures, storage requirements, and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (3) Inspections - Qualified facility personnel (for example, a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) must be identified to inspect designated equipment and areas of the facility specified in the SWP3. The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility, but must be a minimum of once per month while the facility is in operation. The inspection must take place while the facility is in operation and must, at a minimum, include all areas that are exposed to stormwater at the site, including material handling areas, above ground storage tanks, hoppers or silos, dust collection or containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (4) Employee Training - An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention, with the provisions of the SWP3. The frequency of training must be documented in the SWP3, and at a minimum, must consist of one training prior to the initiation of operation of the concrete batch plant. (5) Record Keeping and Internal Reporting Procedures - A description of spills and similar incidents, plus additional information that is obtained regarding the quality and quantity of stormwater discharges, must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 62 (6) Management of Runoff - The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff, including use of infiltration, detention ponds, retention ponds, or reusing of runoff. (c) Comprehensive Compliance Evaluation – At least once per year, one (1) or more qualified personnel (for example, a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a compliance evaluation of the plant. The evaluation must include the following: (1) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of, or the potential for, pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas, above ground storage tanks, hoppers or silos, dust collection or containment systems, and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff (including structural controls and implementation of management practices) must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee’s SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3, such as spill response equipment. (2) Based on the results of the evaluation, the following must be revised as appropriate within two (2) weeks of the evaluation: the description of potential pollutant sources identified in the SWP3 (as required in Part VI.E.2(a), “Description of Potential Pollutant Sources”); and pollution prevention measures and controls identified in the SWP3 (as required in Part VI.E.2.(b) “Measures and Controls”). The revisions may include a schedule for implementing the necessary changes. (3) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation, the personnel making the evaluation, the date(s) of the evaluation, major observations relating to the implementation of the SWP3, and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance, the report must contain a statement that the evaluation did not identify any incidence(s), and the report must be signed according to 30 TAC §305.128, relating to Signatories to Reports. (4) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part VI.E.2.(b)(3) of this general permit. 3. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit. These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck washout at construction sites may be authorized if conducted in accordance with the requirements of Part VI of this general permit. 4. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under this section of the general permit, provided the following requirements are Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section F, G H, & I Page 63 met. Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. (a) Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers, is prohibited by this general permit. (b) Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms, temporary shallow pits, temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. (c) Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times, and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck washout as the result of rain. (d) The discharge of wash out water shall not cause or contribute to groundwater contamination. (e) If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out areas on the associated map. Section F. Effective Date of Coverage Construction activities may not commence under this section until the MS4 NOI and SWMP are approved in writing by the TCEQ. Following approval of the NOI and SWMP, operators of construction activities eligible for coverage under this general permit are authorized to discharge stormwater associated with construction activity immediately upon posting the signed construction site notice required under this section. Section G. Deadlines for SWP3 Preparation and Compliance The SWP3 must: 1. Be completed and initially implemented prior to commencing construction activities that result in soil disturbance; 2. Be updated as necessary to reflect the changing conditions of new contractors, new areas of responsibility, and changes in best management practices; and 3. Provide for compliance with the terms and conditions of this general permit. Section H. Plan Review and Making Plans Available The SWP3 must be retained on-site at the construction site or made readily available at the time of an on-site inspection to: the executive director; a federal, state, or local agency approving sediment and erosion plans, grading plans, or stormwater management plans; and to local government officials. Section I. Keeping Plans Current The permittee shall amend the SWP3 whenever either of the following occurs: Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 64 1. There is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; or 2. Results of inspections or investigations by site operators, authorized TCEQ personnel, or a federal, state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section J. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. 1. Site Description A site description, or project description, which must include: (a) A description of the nature of the construction activity, potential pollutants and sources; (b) A description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; (c) The number of acres of the entire construction site property and the total number of acres of the site where construction activities will occur, including off-site material storage areas, overburden and stockpiles of dirt, and borrow areas; (d) Data describing the soil type or the quality of any discharge from the site; (e) A map showing the general location of the site (e.g. a portion of a city or county map); (f) A detailed site map indicating the following: (1) Drainage patterns and approximate slopes anticipated after major grading activities; (2) Areas where soil disturbance will occur; (3) Locations of all major structural controls either planned or in place; (4) Locations where temporary or permanent stabilization practices are expected to be used; (5) Locations of construction support activities, including off-site activities that are authorized under the permittee’s NOI, including material, waste, borrow, fill, or equipment storage areas; (6) Surface waters (including wetlands) either at, adjacent, or in close proximity to the site; (7) Locations where stormwater discharges from the site directly to a surface water body or a MS4; and (8) Vehicle wash areas. (g) The location and description of asphalt plants and concrete plants (if any) providing support to the construction site and that are also authorized under this general permit; (h) The name of receiving waters at or near the site that will be disturbed or that will receive discharges from disturbed areas of the project; and (i) A copy of Part VI of this TPDES general permit. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 65 2. Structural and non-structural controls The SWP3 must describe the structural and the non-structural controls (BMPs) that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation and the party responsible for implementation. At a minimum, the description must include the following components: Erosion and Sediment Controls (a) Erosion and sediment controls must be designed to retain sediment on-site to the maximum extent practicable with consideration for local topography and rainfall. (b) Control measures must be properly selected, installed, and maintained according to the manufacturer’s or designer’s specifications. If periodic inspections or other information indicates a control has been used incorrectly, or that the control is performing inadequately, the operator must replace or modify the control. (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50 percent. (d) If sediment escapes the site, accumulations must be removed at a frequency to minimize further negative effects. and, whenever feasible, prior to the next rain event. (e) Controls must be developed to limit offsite transport of litter, construction debris, and construction materials by stormwater runoff. 3. Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans must ensure that existing vegetation is preserved where possible. (a) Stabilization practices may include but are not limited to: establishment of temporary vegetation, establishment of permanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of existing trees and vegetation, and other similar measures. (b) The following records must be maintained and either attached to or referenced in the SWP3 and made readily available upon request to the parties in Part VI.H. of this general permit: (1) The dates when major grading activities occur; (2) The dates when construction activities temporarily or permanently cease on a portion of the site; and (3) The dates when stabilization measures are initiated. (c) Stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily or permanently ceased, and will not resume for a period exceeding 14 calendar days, except as provided in (1) and (2) below. (1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (2) Where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably arid conditions, stabilization measures must be initiated as soon as practicable. These Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 66 conditions exist in arid areas, semiarid areas, and areas experiencing drought conditions. 4. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off-site transport of eroded soils. (a) Sites with a drainage area of ten (10) or more acres: (1) A sediment basin is required, where feasible, for a common drainage location that serves an area with ten (10) or more acres disturbed at one time. A sedimentation basin may be temporary or permanent, but must provide sufficient storage to contain a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year, 24- hour storm event, it is not required to include the flows from off-site areas and flow from on-site areas that are either undisturbed or have already undergone final stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. Capacity calculations must be included in the SWP3. (2) Where rainfall data is not available or a calculation cannot be performed the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until the site reaches final stabilization. (3) If a sedimentation basin is not feasible, then the permittee shall provide equivalent control measures until the site reaches final stabilization. In determining whether installing a sediment basin is feasible, the permittee may consider factors such as site soils, slope, available area, public safety, precipitation pattern, site geometry, site vegetation, infiltration capacity, geotechnical factors, depth to groundwater, and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible, and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4) Perimeter Controls – At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (b) Controls for sites with drainage areas less than ten acres: (1) Sediment traps and sediment basins may be used to control solids in stormwater runoff for drainage locations serving less than ten (10) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (2) Alternatively, a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained may be utilized. Where rainfall data is not available or a calculation cannot be performed, a temporary or permanent sediment basin providing 3,600 cubic feet of storage per acre drained may be provided. If a calculation is performed, then the calculation shall be included in the SWP3. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 67 5. Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site. 6. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be minimized. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. 7. Effluent Limits The federal Effluent Limitations Guidelines at 40 CFR § 450.21 apply to all regulated construction activities under this 7th optional MCM, where the small MS4 is the operator. 8. Approved State and Local Plans (a) The permittee shall ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or stormwater management site plans or site permits approved by state or local official for whom the permittee receives written notice. 9. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of stormwater controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. 10. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, discharge locations, and structural controls for evidence of, or the potential for, pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit, familiar with the construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 68 control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), inspections must be conducted at least once every month. In arid or semi-arid, or drought-stricken areas, inspections must be conducted at least once every month and within 24 hours after the end of a storm event of 0.5 inches or greater As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, then the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of “dry” season and beginning of “wet” season). (b) Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part VI.J.10(a) above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part VI.J.10.(a) above. The conditions of the controls along each inspected 0.25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile portion to either the end of the next 0.25 mile inspected portion, or to the end of the project, whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of “dry” season and beginning of “wet” season). Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section K Page 69 (c) In the event of flooding or other uncontrollable situations that prohibit access to the inspection sites, inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (e) A report summarizing the scope of the inspection, the date(s) of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained; locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within, and retained as a part of, the SWP3. Reports must identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 30 TAC §305.128 (relating to Signatories to Reports). (f) The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 11. Pollution Prevention Measures The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge. Section K. Additional Retention of Records The permittee shall retain the following records for a minimum period of three (3) years from the date that final stabilization has been achieved on all portions of the site. Records include: 1. A copy of the SWP3; and 2. All reports and actions required by this section, including copies of the construction site notices. RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ADOPTING A STORMWATER MANAGEMENT PROGRAM FOR THE PURPOSE OF MEETING COMPLIANCE GOALS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) PHASE II MUNICIPAL STORM WATER REQUIREMENTS, AND AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell is required to submit a stormwater management program in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. WHEREAS, the City of Coppell will comply with the General Permit and the requirements put forth by the Texas Commission on Environmental Quality. WHEREAS, the purpose of the stormwater management program is to prevent pollution in storm water to the maximum extent practicable and effectively prohibit illicit discharges to the system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell hereby adopts the Stormwater Management Program dated January 24, 2019, as required by the Texas Commission on Environmental Quality (TCEQ) Phase II Municipal Stormwater Program, dated January 24, 2019, a copy of which is attached hereto and incorporated herein by reference. SECTION 2. That the Mayor is hereby authorized to sign the official document that will be presented to the Texas Commission on Environmental Quality (TCEQ) which hereinafter shall be referred to as the “City of Coppell Stormwater Management Program.” SECTION 3. That any other prior resolution of the City Council in conflict with the provisions contained in this Resolution are hereby repealed and revoked. SECTION 4. This Resolution shall become effective immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED and approved by the City Council of the City of Coppell, Texas, on this the _______________ day of _______________, 2019. APPROVED: ____________________________ KAREN SELBO HUNT, MAYOR ATTEST: _____________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM : __________________________________ ROBERT HAGER, CITY ATTORNEY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4594 File ID: Type: Status: 2018-4594 Agenda Item Consent Agenda 1Version: Reference: In Control: Engineering 06/27/2019File Created: Final Action: Stormwater Plan InterlocalFile Name: Title: Consider approval of an Interlocal Agreement between the City of Coppell and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II storm water discharge compliance; and authorizing the Mayor to sign. Notes: Agenda Date: 07/09/2019 Agenda Number: H. Sponsors: Enactment Date: Interlocal Agreement Memo.pdf, Interlocal Agreement Exhibit.pdf, Stormwater Management Program.pdf, Stormwater Management Program Interlocal Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4594 Title Consider approval of an Interlocal Agreement between the City of Coppell and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II storm water discharge compliance; and authorizing the Mayor to sign. Summary Staff Recommendation: The Public Works Department recommends approval. Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4594) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mike Garza, P.E., Assistant Director of Public Works Kent Collins, P.E., Director of Public Works Date: July 9, 2019 Reference: Consider approval of an Interlocal Agreement between the City and Northwest Dallas County Flood Control District to satisfy the requirements of TCEQ Phase II Storm Water discharge compliance; and authorizing the Mayor to sign. 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General: • This is a 5-year agreement. • The original agreement was executed in 2008 and renewed in 2014. • This is a combined storm water management plan with the flood control district. • This is part of an unfunded mandate by TCEQ. Introduction: This agenda item corresponds to the approval of the Storm Water Management Program (SWMP) also before you this evening. The original Interlocal agreement with the Northwest Dallas County Flood Control District (NWDCFCD) for the combined storm water management plan was approved by council in 2008 and again in 2014. This is an update to the agreement that occurs approximately every five years. Analysis: This agreement brought to you tonight is to update that agreement to reflect the current permit issued by the Texas Commission on Environmental Quality. Both the City of Coppell and the Northwest Dallas County Flood Control District are obligated to adopt a SWMP under the TCEQ requirements. The TCEQ regulations and our SWMP require both the City and the NDCFCD to provide certain informational and participatory programs for residents of the City or the District. The plan requires the City or District enforce ordinances aimed at detecting illicit discharges to the storm water collection system. The plan also addresses storm 2 water runoff from development both during and after construction. Lastly, the plan addresses pollution prevention from ongoing municipal operations. Under this agreement we will produce one joint Storm Water Management Program, and the City of Coppell will be responsible for the following minimum control measures: 1. Public Education and Outreach and Involvement 2. Illicit Discharge Detection and Elimination 3. Construction Site Storm Water Runoff Controls 4. Post-Construction Storm Water Management for New Development/Redevelopment 5. Pollution Prevention and Good Housekeeping for Municipal Operations Under this agreement each entity will be responsible for filing its own forms, applications, reports, and any associated papers with the TCEQ to ensure compliance with any and all regulations related to the joint plan. We will also each be responsible for the fifth minimum control measure which deals with Pollution Prevention/Good Housekeeping for Municipal Operations. Legal Review: This agreement was reviewed by Robert Hager. Fiscal Impact: There is no fiscal impact of this agenda item. Recommendation: The Public Works Department recommends approval of this Interlocal Agreement. 1 INCH = FT. 0 5000 5000 2500 Area of Involvement Map City of Coppell Appendix A Created in LDDTS:\CAD\In_Design\MISC EXHIBITS\dwg\EXHIBITS.dwg\AREA INVOLVMENT MAP Created on: 20 December 2007 by Scott Latta COPPELL CITY LIMIT NORTHWEST DALLAS COUNTY FLOOD CONTROL DISTRICT STORMWATER MANAGEMENT PROGRAM for THE CITY OF COPPELL In Association with Northwest Dallas County Flood Control District July 2019 Prepared By: Texas Firm Registration No. F -928 City of Coppell Stormwater Management Program Page i July 2019 Table of Contents EXECUTIVE SUMMARY ................................................................................................. 1 1.0 PROGRAM DEVELOPMENT ................................................................................. 2 1.1 Background and Introduction ......................................................................................................... 2 1.2 Legal Authority ................................................................................................................................ 4 1.3 BMP Selection ................................................................................................................................ 5 1.4 Selection of Benchmark and Targeted Controls ........................................................................... 7 1.5 Evaluation and Reporting Requirements ....................................................................................... 9 2.0 MINIMUM CONTROL MEASURES ...................................................................... 10 2.1 Public Education, Outreach, and Involvement ............................................................................ 10 2.1.1 Permit Requirement ........................................................................................................................ 10 2.1.2 Public Education, Outreach, and Involvement Programs and BMPs ........................................... 11 2.1.3 Annual Reporting............................................................................................................................. 12 2.2 Illicit Discharge Detection and Elimination .................................................................................. 13 2.2.1 Regulatory Requirement ................................................................................................................. 13 2.2.2 Illicit Discharge Detection and Elimination Programs and BMPs.................................................. 15 2.2.3 Annual Reporting............................................................................................................................. 17 2.3 Construction Site Stormwater Runoff Controls ........................................................................... 18 2.3.1 Regulatory Requirement ................................................................................................................. 18 2.3.2 Construction Site Stormwater Controls Programs and BMPs ...................................................... 19 2.3.3 Annual Reporting............................................................................................................................ 20 2.4 Post Construction Stormwater Management for New Development/Redevelopment ............... 22 2.4.1 Regulatory Requirement ................................................................................................................. 22 2.4.2 Post Construction Stormwater Management for New Development/Redevelopment Programs and BMPs ....................................................................................................................... 23 2.4.3 Annual Reporting............................................................................................................................. 24 2.5 Pollution Prevention/Good Housekeeping for Municipal Operations ......................................... 26 2.5.1 Regulatory Requirement ................................................................................................................. 26 2.5.2 Municipal Operations and Facilities Covered Under the SWMP .................................................. 28 2.5.3 Pollution Prevention/Good Housekeeping for Municipal Operations Programs and Best Management Practices ................................................................................................................... 29 2.5.4 Annual Reporting............................................................................................................................. 30 2.6 Summary Tables of Best Management Practices and Targeted Controls ................................. 31 Appendix A Area of Involvement Map Appendix B Storm Sewer Map Appendix C Interlocal Agreement Appendix D Resolution to Adopt the SWMP Appendix E TPDES General Permit City of Coppell Stormwater Management Program Page 1 July 2019 EXECUTIVE SUMMARY The City of Coppell has developed a Stormwater Management Program (SWMP) as required for coverage under the Texas Pollutant Discharge Elimination System (TPDES ) General Permit No. TXR040000 (see Appendix E). The original permit was issued on August 13, 2007, and a subsequent permit was issued on December 13, 2013. A new permit was issued on January 24, 2019, and this new permit supersedes and replaces the previous permit. The SWMP includes a listing of Best Management Practices (BMPs) that will be implemented by the City to work towards the regulatory standard of reducing pollutants in the City’s stormwater to the “maximum extent practicable” (MEP). Existing City of Coppell stormwater programs and activities designed to protect the City’s water quality will be supplemented with new BMP activities as needed. Measurable goals and an implementation schedule were developed for each of the BMPs in the SWMP. BMPs, measurable goals, and the implementation schedule were selected based upon their ability to meet specific permit requirements and to reduce pollutants in the City’s stormwater to the maximum extent practicable. They were also selected based upon a general assessment of BMP effectiveness, applicability to the City of Coppell, and costs associated with implement ation of the BMPs. Effectiveness of the selected BMPs and success in achieving the selected measurable goals will continue to be reviewed annually. This SWMP, dated July 2019, revises the provisions of the former Stormwater Management Program, dated May 2014. Revisions were made to meet new permit requirements, and changes were made based on the implementation process of BMPs during the previous permit term. City of Coppell Stormwater Management Program Page 2 July 2019 1.0 PROGRAM DEVELOPMENT 1.1 BACKGROUND AND INTRODUCTION The City of Coppell was incorporated in 1955. It covers 14.7 square miles and is located at Latitude 32° 58' 10" and Longitude 96° 59' 35". The topography is relatively flat with ground elevations ranging from approximately 420 feet above mean sea level to 550 feet above mean se a level. As seen in the Area of Involvement Map located in Appendix A, the City contains three major tributaries that ultimately drain into the Elm Fork of the Trinity River along the eastern City limits. Approximately 5.4 square miles of the City is drained by Grapevine Creek, and approximately 7.9 square miles of the City is drained by Denton Creek, including 2.8 square miles drained by Cottonwood Branch, a major tributary of Denton Creek. The remaining 1.7 square miles drain directly into the Elm Fork of the Trinity River. The Northwest Dallas County Flood Control District (NDCFCD), the Denton County Levee Improvement District No. 1, and the Irving Flood Control District are all located within the City limits. The Northwest Dallas County Flood Control D istrict contains approximately 610 acres and is located fully within the City limits of Coppell as shown on the map in Appendix A. The Denton County Levee Improvement District No. 1 contains approximately 940 acres, with roughly 60 acres located in the Cit y of Coppell. These Districts were created to provide flood protection to the area to allow for development of property within the District and to guide the necessary maintenance in the floodplain. According to the 2010 U.S. Census Bureau urbanized area map, all of the City is within the designated Denton-Lewisville Urbanized Area. The City is required to submit a Stormwater Management Program (SWMP) in accordance with Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code. The Northwest Dallas County Flood Control District (NDCFCD) boundaries are located fully within the Coppell city limits. The NDCFCD is also required to submit a SWMP that covers the floodplain and drainage areas under its control. The SWMP encompasses all areas of the City and the NDCFCD. On August 13th, 2007, the Texas Commission on Environmental Quality (TCEQ) issued TPDES General Permit No. TXR040000 under the Texas Pollutant Discharge Elimination System (TPDES). A subsequent permit was issued on December 13, 2013. A new permit was issued on January 24, 2019 (See Appendix E), and this new permit supersedes and replaces the previous permit. The permit authorizes Small Municipal Separate Storm Sewer Systems (MS4s) and MS4s located in an urbanized area, to discharge stormwater and certain non-stormwater discharges from their storm sewer system. The new permit divides MS4 operators into four levels based on population served within the 2010 urbanized area. The City of Coppell is designated as a Level 2 Small MS4 located in an urbanized area. As such, the City and the NDCFCD each have the option of applying for coverage under the TCEQ’s General Permit or applying for an individual permit. In order to obtain coverage under the General Permit, the City and the NDCFCD must submit an application that consists of a Notice of Intent (NOI) and a SWMP. The City and District must submit individual NOIs but have the option of partnering in development, implementation and submittal of a joint SWMP. The City and the NDCFCD have agreed to joint development of the SWMP. City of Coppell Stormwater Management Program Page 3 July 2019 A copy of the Interlocal Agreement between the City of Coppell and the NDCFCD outlining the shared and individual responsibilities of the implementation of this plan is located in Appendix C. This document outlines the City of Coppell and the NDCFCD’s program to develop, implement, and enforce the SWMP. The program is designed to prevent pollution in stormwater to the maximum extent practicable and effectively prohibit illicit discharges to the system. The effective SWMP addresses the five Minimum Control Measures (MCMs) as required by the TCEQ Phase II program. The City researched existing ordinances, guidance manuals, materials, best management practices (BMPs), and current programs, and participated in the North Central Texas Council of Governments (NCTCOG) stormwater workshops during 2001 and 2002 prior to selecting the BMPs for the initial program. The City evaluated the BMPs selected for the initial SWMP to determine the most applicable, effective, and cost -effective BMPs for the revised SWMP in 2013 and again in 2019. The City has adapted or replaced BMPs that have been problematic or ineffective in the past, as indicated in the annual reports submitted to the TCEQ. Additional BMPs, called Targeted Controls, have been added to address the concern of bacteria impairment of the Trinity River watershed. The BMPs have been re-categorized and renumbered since the initial SWMP to match the new minimum control measures (MCMs) as specified by the TCEQ in the TPDES General Permit. The BMPs and measurable goals were selected based on the City’s ability to effectively implement them in a way that is consistent with the City’s needs, resources, and circumstances. City of Coppell Stormwater Management Program Page 4 July 2019 1.2 LEGAL AUTHORITY The Coppell City Council adopted the initial SWMP through a resolution on January 22, 2008. A subsequent SWMP was adopted by the Coppell City Council through a resolution on May 27, 2014. The Coppell City Council adopted this current SWMP through a resolution on July 9, 201 9. A copy of the resolution is located in Appendix D. The City of Coppell manages runoff issues through an ordinance to authorize a stormwater management program. The City, through adoption of Ordinance 2004-1070 has established a municipal drainage system and a schedule of charges for all real property. Fees collected from the utility charges are used to pay for, and fully implement this SWMP. The City, through adoption Article 15, Chapter 15-15 of Ordinance 2012-1312 has regulated discharges into the Municipal Separate Storm Sewer System (MS4) and surface water within the City of Coppell, Texas. Entitled "Stormwater Quality Management and Illicit Discharge Code", Article 15-15 is in compliance with TCEQ Rules and Regulations for MS4s, and will be enforced as such. City of Coppell Stormwater Management Program Page 5 July 2019 1.3 BMP SELECTION The TPDES General Permit issued by the TCEQ on January 24th of 2019 lists five (5) required Minimum Control Measures (MCMs) to be implemented by the owner and operator of a Level 2 Small MS4. The MCMs are as follows: 1. Public Education, Outreach, and Involvement 2. Illicit Discharge Detection and Elimination 3. Construction Site Stormwater Runoff Control 4. Post Construction Stormwater Management in New Development and Redevelopment 5. Pollution Prevention and Good Housekeeping for Municipal Operations The program outlines the Minimum Control Measures to prevent stormwater pollution as required by the TPDES General Permit. The program details the existing Best Management Practices (BMPs) currently implemented by the City of Coppell and details the future enhancement of the existing BMPs and the resulting measurable goals that can be achieved, which will lead to reductions in pollutants discharged to the storm sewer system. A summary table of the implementation of each Minimum Control Measure (MCM) and associated BMP is located in Section 2.6 of the SWMP, following the descriptions of each MCM in Sections 2.1-2.5. The tables outline the implementation schedule over the 5 -year permit term. Unless otherwise specified, the implementation schedule is to be completed by December 31 st of each permit year. Section 2.0 addresses the following Permit Requirements for the SWMP pertaining to each MCM: • The existing BMPs currently implemented by the City of Coppell. • Details of existing BMPs and/or the addition of one or more BMPs, denoted by a plus sign (+). • Identifies the Targeted Controls (bacteria-focused BMPs) that aim to reduce bacteria loading in surface waters, denoted by an asterisk (*). Targeted Controls BMPs are described in Table 7. • Measurable goals for each BMP. • The responsible City Department and/or personnel responsible for implementation. • A schedule for the implementation of the BMPs of the 5 -year term of the permit. • Summary of information to be included in the SWMP Annual Report. Key City of Coppell ordinances and guidance that may be affected by the Stormwater Management Program are: • Subdivision Ordinance (Ordinance No. 94643) • Erosion and Sedimentation Control Code Ordinance (Ordinance No. 91514) • Comprehensive Zoning Ordinance (Ordinance No. 91500) • Storm Drainage Design Criteria (Referred to in Ordinance No. 94643) • Standard Construction Details Code (Ordinance No. 94646) • Floodplain Management Ordinance (Ordinance No. 2001-952) • Stormwater Quality Management and Illicit Discharge Code (Ordinance No. 2012-1312) City of Coppell Stormwater Management Program Page 6 July 2019 The above referenced ordinances and guida nce may need revising to address elements of the new Stormwater Management Program. City of Coppell Stormwater Management Program Page 7 July 2019 1.4 SELECTION OF BENCHMARK AND TARGETED CONTROLS In 2006, the Texas Commission on Environmental Quality (TCEQ) first identified that a total maximum daily load (TMDL) was necessary for Cottonwood Branch within the City of Irving and Grapevine Creek within the City of Coppell, where concentrations of indicator bacteria exceeded the criteria used to evaluate attainment of the contact recreation use. The impairments were included in the 2006 version of the Texas Water Quality Inventory and 303(d) List . The impairments were included in the 2014 Texas Integrated Report of Surface Water Quality which satisfies the requirements of the federal Clean Water Act Sections 305(b) and 303(d). The 2014 lists of impaired waters were adopted by the Commission on June 3, 2015 and approved by the EPA on November 19, 2015. Grapevine Creek (Segment 0822B) is an urban creek, running through the City of Coppell, and is a tributary to the Elm Fork Trin ity River south of Lake Lewisville. The Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region (commonly known as the Implementation Plan or I-Plan), approved by the TCEQ on December 11, 2013, describes the steps watershed stakeholders and the TCEQ will take toward achieving pollutant reductions in these surface waters. Some BMPs incorporate the Implementation Strategies described in the I - Plan. The City of Coppell is located within the watershed for Grapevine Creek (Segment 0822B_01), which is an impaired water body with a Total Maximum Daily Load (TMDL) associated with it for bacteria. Because of this, the City must meet requirements in Part II.D.4 of the general permit for "Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements". A benchmark must be determined along with targeted controls to address implementation towards reducing bacteria levels. "Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region" was developed to address steps toward reducing bacteria levels within the Trinity River Region. The original implementation plan (I-Plan) was approved by the TCEQ on December 11, 2013, and addresses impleme ntation strategies for reducing bacteria levels in the watershed. The I-Plan was revised by the TMDL Coordination Committee, stakeholders within the TMDL, on June 15, 2017. The TMDL Coordination Committee periodically assess the I -Plan for efficiency and e ffectiveness of the implementation strategies. The City of Coppell is located in Assessment Unit 0822B_01. The location of the City of Coppell and the known bacterial threats posed to Grapevine Creek were taken into account for the determination of BMPs included in this SWMP. The TCEQ determines whether water quality in a water body meets the primary contact recreation use by measuring the levels of indicator bacteria. E. coli are the preferred indicator bacteria for assessment for recreational use in fresh water and were used for analysis to support total maximum daily load (TMDL) development on water bodies in the Greater Trinity River region. In accordance with the general permit requirements, a benchmark must be determined. Benchmarks are designed to assist in determining if the BMPs established are effective in addressing the pollutant of concern in stormwater discharges from the MS4 to the maximum extent practicable. The benchmark is intended to be a guideline for evaluating progress towards reducing pollutant discharges. City of Coppell Stormwater Management Program Page 8 July 2019 The City has elected to use the Waste Load Allocations (WLA) identified in the I -Plan as shown in Table 1 to determine a benchmark. All loads are expressed as billion MPN/day, where MPN represents the most probable number Table 1. TMDL Allocations for the Impaired Assessment Unit within Coppell, Texas Assessment Unit Segment Name TMDL WLA WWTF b WLASW c LAUSL MOSd FGe 0822B_01 Grapevine Creek 196.22 0.00 157.60 28.34 9.81 0.46 aWLAWWTF = waste load allocation for wastewater treatment facilities bWLASW = waste load allocation for permitted stormwater cLAUSL = upstream load application entering the assessment unit dMOS = Margin of safety load eFG = future growth loads The waste load allocation for permitted stormwater (WLASW) will serve as the benchmark for each stream. The benchmark for Grapevine Creek is 157.60 MPN/day. The City must also identify an assessment plan to monitor progress as well as Targeted Controls as a part of the SWMP. Targeted controls are BMPs with measur able goals focused specifically on bacteria as the pollutant of concern. City of Coppell Stormwater Management Program Page 9 July 2019 1.5 EVALUATION AND REPORTING REQUIREMENTS The selected measurable goals for each BMP will be evaluated on an annual basis and documented in the annual report. The City has elected to use the calendar year for the annual reporting year. The City of Coppell, in association with the NDCFCD, will submit a concise annual report for each year. The report will include the status of compliance with the permit conditions, an assessment of the appropriateness of the BMPs and progress towards achieving the measurable goals for each of the minimum control measures. Progress toward the selected TMDL benchmark will also be evaluated on an annual basis. A qualitative approach will be used by the City to evaluate program implementation measures on an annual basis. The City will assess progress by using program implementation indicators that could include evaluations such as: • Number of sources identified or eliminated • Decrease in number of illegal dumping • Increase in illegal dumping reporting • Number of educational opportunities conducted • Reductions in sanitary sewer overflows (SSOs) • Increase in illegal discharge detection through dry screening If no progress towards the benchmark either from program implementation or water quality assessments is observed by the end of the third year from the effective date of the permit, the City will need to identify alternative focused BMPs to address new or increased efforts towards the benchmark. If appropriate, the City will develop a new approach to identify the most significant sources of bacteria and will develop alternative focused BMPs for those. City of Coppell Stormwater Management Program Page 10 July 2019 2.0 MINIMUM CONTROL MEASURES 2.1 PUBLIC EDUCATION, OUTREACH, AND INVOLVEMENT 2.1.1 Permit Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: a) Public Education and Outreach 1) All permittees shall develop, implement, and maintain a comprehensive stormwater education and outreach program to educate public employees, businesses, and the general public of hazards associated with the illegal discharges and improper disposal of waste and about the impact that stormwater discharges can have on local waterways, as well as the steps that the public can take to reduce pollutants in stormwater. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. The program must, at a minimum: (a) Define the goals and objectives of the program based on high priority community-wide issues (for example, reduction of nitrogen in discharges from the small MS4, promoting previous techniques used in the small MS4, or improving the quality of discharges to the Edwards Aquifer); (b) Identify the target audience(s); (c) Develop or utilize appropriate educational materials, such as printed materials, billboard and mass transit advertisements, signage at select locations, radio advertisements, television advertisements, and websites; (d) Determine cost effective and practical methods and procedures for distribution of materials. 2) Throughout the permit term, all permittees shall make the educational materials available to convey the program's message to the target audience(s) at least annually. 3) If the permittee has a public website, the permit tee shall post its SWMP and the annual reports required under Part IV.B.2. or a summary of the annual report on the permittee’s website. The SWMP must be posted no later than 30 days after the approval date, and the annual report no later than 30 days after the due date. 4) All permittees shall annually review and update the SWMP and MCM implementation procedures required by Part III.A.2, as necessary. Any changes must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. City of Coppell Stormwater Management Program Page 11 July 2019 5) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the required outreach. b) Public Involvement All permittees shall involve the public, and, at a minimum, comply with any state and local public notice requirements in the planning and implementation activities related to developing and implementing the SWMP, except that correctional facilities are not required to implement this po rtion of the MCM. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. At a minimum, all permittees shall: 1) Consider using public input (for example, the opportunity for public comment, or public meetings) in the implementation of the program; 2) Create opportunities for citizens to participate in the implementation of control measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring, volunteer "Adopt-A-Highway" programs, and educational activities; 3) Ensure the public can easily find information about the SWMP. City of Coppell Stormwater Management Program Page 12 July 2019 2.1.2 Public Education, Outreach, and Involvement Programs and BMPs The goals and o bjectives of this MCM are to educate the residents of the City of Coppell through educational and outreach programs, and explain how residents can be involved in the efforts of this stormwater management program. The City is currently providing public education, outreach, and involvement programs associated with stormwater issues to residents in the following ways: The public was invited to participate in the development of the initial SWMP. An article detailing the SWMP was posted on the City of Coppell webpage in November 2002. The article informed readers about the upcoming regulations and the original six minimum and one optional control measures. The SWMP was presented to the City Council during the work session on January 8, 2008. The finalized SWMP was presented to the City Council on January 22, 2008 and adopted by the City. Both meetings were open to the public and provided an opportunity to discuss various viewpoints and provide input concerning appropriate stormwater management policies and BMPs. The SWMP was revised in May 2014 to meet new requirements for the permit issued on December 13, 2013. The revised SWMP was approved by the City Council on May 27, 2014. The new finalized SWMP was presented to the City Council on July 9, 2019 and adopted by the City. The City implements BMPs that target homeowners, community businesses, and the general public. The ultimate goal of educational BMPs is to raise citizen awareness of common daily activities, such as illegal dumping and yard care, which can adversely impact water quality and to prevent those seemingly harmless activities from becoming causes of water pollution. To comply with the requirements of the TPDES General Permit, each BMP will have associated Measurable Goals. Each BMP will have oversight of the appropriate City Staff and the measurable goals will be documented and included in the SWMP Annual Report. The public will be included in continued development, review, and implementation of the SWMP. The City of Coppell implements BMPs that promote public education, outreach, and involvement. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Tab le 2. 2.1.3 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining to Public Education, Outreach, and Involvement. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Documentation of announcements, agendas and handouts from the Texas SmartScape classes. • Visitor counts for the Coppell Community Gardens. • Documentation from the “Keep Coppell Beautiful Committee” meetings. • Documentation of stormwater related faxes and information associated with the information hotline, as well as written transcripts of any stormwater related messages left by callers. • Count of the number of storm drain markers placed on residential inlets. • Documentation of the City Desk Newsletters containing stormwater information. City of Coppell Stormwater Management Program Page 13 July 2019 • Summary of the web page containing stormwater information. • Documentation of announcements, agendas and minutes from all public hearings and meetings pertaining to stormwater management. • Summary of the web page showing posting of the SWMP and Annual Report. • Documentation of any written comments or input from the Public pertaining to stormwater management along with documentation of the City Staff’s response. • Documentation of review of bacteria-specific public education materials. City of Coppell Stormwater Management Program Page 14 July 2019 2.2 ILLICIT DISCHARGE DETECTION AND ELIMINATION 2.2.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Program Development (1) All permittees shall develop, implement , and enforce a program to detect, investigate, and eliminate illicit discharges into the small MS4. The program must include a plan to detect and address non-stormwater discharges, including illegal dumping to the MS4 system. Existing permittees must assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly re gulated permittees shall have the program fully implemented by the end of this permit term (See also Part III.A.1(c)). The Illicit Discharge Detection and Elimination (IDDE) program must include the following: a. An up-to-date MS4 map (see Part III.B.2.(c)(1)); b. Methods for informing and training MS4 field staff (See Part III.B.2.(c)(2)); c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5)); d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5)); e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any leaking on-site sewage disposal systems that discharge into the small MS4; f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4 likely to have illicit discharges, and a list of all such areas identified in the small MS4 (See Part III.B.2.(e)(1)); g. For Level 4 small MS4s, field screening to detect illicit discharges (See Part III.B.2.(e)( 2)); and h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the MS4. (See Part III.B.2.(e)(3). (2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed related to another operator’s MS4, the permittee shall notify the other MS4 operator within 48 hours of discovery. If notification to the other MS4 operator is not practicable, then the permittee shall notify the appropriate TCEQ Regional Office of the possible illicit connection or illicit discharge. (3) If another MS4 operator notifies the permit tee of an illegal connection or illicit discharge to the small MS4, then the permittee shall follow the requirements specified in Part III.B.2.(c)(3). (4) All permittees shall annually review and update as necessary, the SWMP and MCM City of Coppell Stormwater Management Program Page 15 July 2019 implementation procedures required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. (b) Allowable Non-Stormwater Discharges Non-stormwater flows listed in Part II.C do not need to be considered by the permittee as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the small MS4. (c) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6) (1) MS4 mapping All permittees shall maintain an up-to-date MS4 map, which must be located on site and available for review by the TCEQ. The MS4 map must show at a minimum the following information: a. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of the U.S; b. The location and name of all surface waters receiving discharges from the small MS4 outfalls; and c. Priority areas identified under Part III.B.2.(e)(1), if applicable. (2) Education and Training All permittees shall implement a method for informing or training all the permittee’s field staff that may come into contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal job responsibilities. Training program materials and attendance lists must be maintained on site and made available for review by the TCEQ. (3) Public Reporting of Illicit Discharges and Spills All permittees shall publicize and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central contact point to receive reports; for example by including a phone number for complaints and spill reporting. (4) All permittees shall develop and maintain on-site procedures for responding to illicit discharges and spills. (5) Source Investigation and Elimination a. Minimum Investigation Require ments – Upon becoming aware of an illicit discharge, all permittees shall conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable. (i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For example, sanitary sewage may be considered a high priority discharge. City of Coppell Stormwater Management Program Page 16 July 2019 (ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any illicit flows believed to be an immediate threat to human health or the environment. (iii) All permittees shall track all investigations and document, at a minimum, the date(s) the illicit discharge was observed; the results of the investigation; any follow -up of the investigation; and the date the investigation was closed. b. Identification and Investigation of the Source of the Illicit Discharge –All permittees shall investigate and document the source of illicit discharges where the permittees jurisdiction to complete such an investigation. If the source of illic it discharge extends outside the permittee’s boundary, all permittees shall notify the adjacent permitted MS4 operator or the appropriate TCEQ Regional Office according to Part III.A.3.b. c. Corrective Action to Eliminate Illicit Discharge If and when the source of the illicit discharge has been determined, all permittees shall immediately notify the responsible party of the problem, and shall require the responsible party to perform all necessary corrective actions to eliminate the illicit discharge. (6) Inspections – The permittee shall conduct inspections, in response to complaints, and shall conduct follow-up inspections to ensure that corrective measures have been implemented by the responsible party. The permitt ee shall develop written procedures describing the basis for conducting inspections in response to complaints and conducting follow-up inspections. 2.2.2 Illicit Discharge Detection and Elimination Programs and BMPs Enforcement : Coppell relies on the following ordinances as legal authority to prevent spills, dumping, or disposal of materials on the roadways and on public and private property, which includes the storm sewer and drainage systems: 1. It shall be unlawful for any person to deposit garbage, trash, rubbish, discarded building materials, waste from building sites, stagnant water or dead animals upon or along any drain, gutter, alley, sidewalk, street, or vacant lot, or upon any public or private premises within the corporate limits of the city. It is unlawful for any person owning or being in charge of property within the city to allow such property to be used as a landfill without express authority from the city council and the issuance of a permit by the City. This provision does not, however, apply to the use of fill composed of dirt, sand and gravel (Ord. No. 92559: Anti-Litter Regulations). 2. It shall be unlawful for any person while driving or a passenger in a vehicle to throw or deposit inorganic trash, garbage or rubbish of any kind upon any street, street right - of- way, or other public place within the city or upon private property. Any person who drops or permits to be dropped or thrown upon any street any trash, rubbish or injurious metal material shall immediat ely remove the same or cause it to be removed (Ord. No. 92559: Anti-Litter Regulations). City of Coppell Stormwater Management Program Page 17 July 2019 3. It shall be unlawful for any person to drive or move any truck or other vehicle within the city, unless such vehicle, is so constructed or loaded so as to prevent any load contents, including trash, rubbish or garbage from being blown or deposited upon any street, street right-of-way, alley, or any other public or private property within the city. (Ord. No. 92559: Anti-Litter Regulations) 4. It shall be considered a public nuisance and shall be unlawful to permit or allow an animal to defecate upon private or public property other than the property of the owner of said animal; and to fail to remove and dispose of in a sanitary manner any feces left by such animal (Ord. No. 95687: Animal Services). 5. Unless authorized by the Texas Commission on Environmental Quality (TCEQ), no person shall deposit or discharge any waste on public or private property into or adjacent to any natural outlet, watercourse, storm sewer, or any other area within the jurisdiction of the City of Coppell (Ord. No. 95698: Industrial Waste and Sewer Use Regulations). 6. The City of Coppell will establish a schedule of drainage charges against all real property in the city subject to charges under Sections 402.041, et seq. of Subchapter C of Chapter 402 of the TEXAS LOCAL GOVERNMENT CODE. The City will provide drainage for all real property within the city on payment of drainage charges, except such real property which may be exempted therefrom as authorized by law. The City will offer such drainage service on nondiscriminatory, reasonable and equitable terms (Ord. No. 2004-1070: Municipal Drainage Utility Systems). 7. The City of Coppell shall comply with, enforce, and adopt all applicable Federal regulations pertaining to stormwater discharges from regulated small MS4's. The ordinance is in compliance with all applicable Federal laws including the Clean Water act and the National Pollutant Discharge Elimination System (NPDES) regulations, and all Texas Pollutant Discharge Elimination System (TPDES) permits and requirements which control discharges of pollutants to surface waters (Ord. No. 2012 -1312: Stormwater Quality Management and Illicit Discharge Code). The Engineering Department, Environmental Hea lth Division, Building Inspections Department, and the Police Department enforce the above mentioned laws and ordinances that protect the stormwater drainage systems from spills and illegal dumping. Detection and Elimination: The City currently uses the preventive practices of thorough inspection and verification during the entire construction phase to try and avoid the need for more extensive detection of illicit connections. The Environmental Health Division and/or the Building Inspections Department respond to reports of illicit connections at the time they are reported. Allowable Non-Stormwater Discharges: The City of Coppell understands that there are allowable non-stormwater discharges that enter the storm sewer and drainage systems. At present, the City will only allow the non- stormwater discharges listed in Part II.C of the TPDES General Permit (copy located in Appendix E) to be excluded as an illicit discharge. Any other non-stormwater discharge will be considered for exclusion as an illicit discharge on a case-by-case basis. City of Coppell Stormwater Management Program Page 18 July 2019 Storm Sewer Map: The Engineering Department has mapped the existing storm sewer and roadway systems in a GIS format from as-built construction plans and City records. Approximately 88 miles of storm sewer pipe that are owned and maintained by the City of Coppell and the NDCFCD are currently mapped. The GIS map attributes include the location, length, size, age, and type of material of the pipes and the location, size and type of the inlet structures. The City of Coppell implements BMPs that promote illicit discharge detection and elimination. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 3. City of Coppell Stormwater Management Program Page 19 July 2019 2.2.3 Annual Reporting The Cit y of Coppell will document all of the SWMP activities pertaining to Illicit Discharge Detection and Elimination. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Documentation of any co mpleted and submitted Water Quality Observation Cards. • Documentation of any Ordinance or Ordinance Revisions regarding enforcement of stormwater issues. • Documentation of any corrective actions taken by the City of remove illicit connections and discontinue illicit discharges • Documentation of any public records regarding enforcement actions required to remove illicit connections and discontinue illicit discharges. • Documentation and description of any non-listed allowable non-storm water discharge t hat was considered and accepted on a case-by-case basis. • General descriptions of modifications and updates to the storm sewer map. • Documentation of citizen complaints received and addressed through the hotline, and the number of corrective actions taken. City of Coppell Stormwater Management Program Page 20 July 2019 2.3 CONSTRUCTION SITE STORMWATER RUNOFF CONTROL 2.3.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Requirements and Control Measures (1) All permittees shall develop, implement, and enforce a program requiring operators of small and large construction activities, as defined in Part I of this general permit, to select, install, implement, and maintain stormwater control measures that prevent illicit discharges to the MEP. The program must include the development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure compliance to the extent allowable under state, federal, and local law, to require erosion and sediment control. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. If TCEQ waives requirements for stormwater discharges associated with small construction from a specific site(s), the permittee is not requir ed to enforce the program to reduce pollutant discharges from such site(s). (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be maintained on site or in the SWMP and made available for inspection by the TCEQ. (2) All permittees shall require that construction site operators implement appropriate erosion and sediment control BMPs. The permittee’s construction program must ensure the following minimum requirements are effectively implemented for all small and large construction activities discharging to its small MS4. a. Erosion and Sediment Controls - Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. b. Soil Stabilization - 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. In arid, semiarid, and drought stricken areas, where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed. City of Coppell Stormwater Management Program Page 21 July 2019 The permittee shall develop written procedures that describes initiating and completing stabilization measures for construction sites. c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the discharge of pollutants to the small MS4. At a minimum, such BMPs must be designed, installed, implemented and maintained to: (i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters; (ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertiliz ers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and (iii) Minimize the discharge of pollutants from spills and leaks. d. As an alternative to (a) through (c) above, all permittees s hall ensure that all small and large construction activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention plan (SWP3) in accordance with the TPDES CGP TXR150000. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed and described in the written procedure required in item (2)b. above. As an alternative, vegetative stabilization measures may be implemented as soon as practicable. 2.3.2 Construction Site Stormwater Runoff Control Programs and BMPs Coppell enforces the following ordinances to reduce pollutants in any stormwater runoff to the storm sewer system from construction activities: 1. The City of Coppell has adopted Ordinance No. 91514, an Erosion and Sedimentation Control Code to reduce erosion and sedimentation from private property onto public places and public right -of-way. The code applies to any person, firm, corporation or business proposing to develop land or improve property within the City. It requires the developers to submit a plan that contains structural and operational BMPs and all other measures to reduce sedimentation in streams, waterways, storm drains, etc., protect the quality of water in Coppell, and provide for restoration of sites to reduce the negative environmental impacts of construction. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. In addition, the plan must be submitted to the City Engineer for approval prior to the commencement of construction and must be included in the engineering construction plans. Stormwater controls are included in City inspections and noncompliance can be a cause for the City to issue a stop work order until the situation is remedied. The developer must provide a surety to the City to ensure that vegetative cover and other permanent erosion control measures are installed, maintained, and functioning properly for up to a two year period from the date of final acceptance. Any person found guilty of violating any of the provisions of the Code are subject to fines. City of Coppell Stormwater Management Program Page 22 July 2019 2. Ordinance No. 92559, Anti-Litter Regulations, declares it unlawful for the owner of the property, the developer of the property, the contractor and the franchise utility to allow litter, spillage, or tracking of dirt or other construction related material to occur throughthe transportation of construction/related trucks to and from construction sites anywhere within the city limits of City of Coppell. If a litter -free construction area has not been maintained, and a warning by the proper City official has been given, the violator shall have until 5:00 p.m. the day of the warning to address the problem. If no action is forthcomi ng, a citation shall be issued. Each construction site shall contain a trash bin that will contain a minimum of 216 cubic feet of trash. 3. Ordinance No. 91500-A-203 contains The Tree Preservation Requirements of the Comprehensive Zoning Ordinance provided for greater tree preservation and protection. Established trees provide important erosion control along drainage ways. The ordinance establishes rules and regulations governing the protection and preservation of established trees growing within the City, and regulates the removal and replanting of trees during development, construction and redevelopment. A tree removal permit is required when removal is deemed necessary. Assistance is provided to property owners, developers, and builders in understanding pro per guidelines, methods, and regulations of tree preservation and protection within the city. The City Manager or his designee issues a notice of violation to persons firms, and corporations failing to comply with provisions of the ordinance which are adjudicated through the municipal court system. The Planning, and Parks and Recreation Departments, as part of the DRC, review all private plans for compliance with the Tree Preservation Requirements. The Engineering Department, as part of the DRC, reviews all public and private construction plans for compliance with the erosion and sedimentation and litter control ordinances. They also review the plans with regard to potential water quality impacts. This department reviews and approves the civil plans and iss ues development permits for new construction. A pre-construction meeting is required for all public and private projects. The engineering inspector with responsibility for construction inspection of the project conducts the meeting and outlines sediment and erosion control requirements to the developer and the contractor. The frequency of inspections is based on construction activity at the site, or in response to observations by City staff or citizen complaints. The City of Coppell implements BMPs that promote construction site stormwater runoff control. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 4. 2.3.3 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining to Construction Site Stormwater Runoff Control. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Documentation of proposed and/or adopted Ordinances or amended ordinances that impact construction runoff control. • Procedures for review of contractor stormwater BMPs. • Documentation of construction site visits. City of Coppell Stormwater Management Program Page 23 July 2019 • Documentation of enforcement actions or stop-work notifications issued to contractors. • Documentation of any citizen or public complaints related to construction site runoff. • Documentation of any illicit discharges. • Documentation of excessive discharges of pollution from spills and/or leaks. • Documentation of annual MS4 training program. City of Coppell Stormwater Management Program Page 24 July 2019 2.4 POST CONSTRUCTION STORMWATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT 2.4.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Post -Construction Stormwater Management Program (1) All permittees shall develop, implement, and enforce a program, to the extent allowable under state, federal, and local law, to control stormwater discharges from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part of a larger common plan of development or sale. The program must be established for private and public development sites. The program may utilize an offsite mitigation and payment in lieu of components to address this requirement. Existing permittees shall assess program elements that were described in the previous permit and modify as necessary to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of the permit term. (2) All permittees shall use, to the extent allowable under state, federal, and local law and local development standards, an ordinance or other regulatory mechanism to address post - construction runoff from new development and redevelopment projects. The permittees shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protects water quality. If the construction of permanent structures is not feasible due to space limitations, health and safety concerns, cost effectiveness, or highway construction codes, the permittee may propose an alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented by the end of the permit term. (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be maintained either on site or in the SWMP and made available for inspection by TCEQ. (2) All permittees shall document and maintain records of enforcement actions and make them available for review by the TCEQ. (3) Long-Term Maintenance of Post -Construction Stormwater Control Measures City of Coppell Stormwater Management Program Page 25 July 2019 All permittees shall, to the extent allowable under state, federal, and local law, ensure the long-term operation and maintenance of structural stormwater control measures installed through one or both of the following approaches: a. Maintenance performed by the permittee. See Part III.B.5 b. Maintenance performed by the owner or operator of a new development or redeveloped site under a maintenance plan. The maintenance plan must be filed in the real property records of the county in which the property is located. The permittee shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site. The permittee shall require operation and maintenance performed is documented and retained on site, such as at the offices of the owner or operator, and made available for review by the s mall MS4. 2.4.2 Post Construction Stormwater Management in New Development and Redevelopment Programs and BMPs Coppell relies on the following ordinances as legal authority to address stormwater runoff from new development and redevelopment: 1. Ordinance 2001-952: The Floodplain Management Ordinance to provide for the comprehensive management of floodplain in the city limits. The Floodplain Administrator administers the ordinance and enforces improvements to local drainage within new developments to control increased runoff that might increase the danger of flood hazards to user or other properties adjacent to, downstream, or upstream of the development. This includes the use of detention basins to limit runoff to predevelopment levels. A Flood Plain Permit is required for all new construction, development, and encroachments within the floodplain. The permit requires that hydrologic and hydraulic analyses clearly defining existing conditions, proposed conditions and impacts of the project, including work ma ps and stream profiles upstream and downstream of the site for sufficient distances be provided. A narrative or plan must be provided that depicts temporary and permanent erosion controls to protect disturbed and post-development floodplain over bank or channel areas and minimize long-term flood-related erosion. Violation of the provisions of this ordinance by failure to comply with any of its requirements shall constitute a misdemeanor and be subject to a fine. 2. Ordinance 94643: The Subdivision Ordinance prescribes rules and regulations governing plats and subdivisions of land within the corporate limits. Drainage and storm sewer systems shall be designed and constructed in conformance with the provisions of the “Design Manual for Storm Drainage Facilities” published by the City of Dallas and related City of Coppell ordinances. Natural creeks may remain in open natural condition or excavated channels may be constructed provided they meet all necessary design criteria. The excavated channel must be landscaped so as to conform to the minimum standard established in the approved Streetscape Plan. Creeks or excavated channels with slopes steeper than 4:1 must be maintained by a maintenance entity other than individual lot owners. This area of the floodway may be provided to the City as a park or floodway City of Coppell Stormwater Management Program Page 26 July 2019 management area. Lakes, detention ponds and retention ponds may be constructed in all areas provided they meet all necessary design criteria and are approved by the City Engineer. The ordinance provides for commu nity parks as a function of subdivision development in the City. Each subdivision plat must dedicate one acre for each 100 proposed dwelling units. If fewer than 100 units are proposed, the developer is required to pay cash in lieu of dedication of land. The Streetscape Plan provides for landscaping in setbacks, medians, entries, and at other special street conditions in Coppell. 3. Ordinance No. 91599-A-30, Ordinance No. 91500-A-105, and Ordinance No. 91500- A- 276 under the Landscape Regulations of the Comp rehensive Zoning Ordinance establish certain regulations pertaining to landscaping. A minimum of 10% of the area utilized for off-street parking and loading must be devoted to living landscaping, a minimum of one tree must be planted for each 400 square feet, and planting islands must be in an amount not less than 12% of the parking spaces. A landscape buffer must be provided along all property lines. A 15-foot buffer is required along public streets and a 10-foot buffer is required along an alley. One tree is required every 50 linear feet. In all non- residential zoning districts, there shall be an area devoted to feature landscaping. The size of that area must be at least 15% of that portion of the lot not covered by a building or by building features. Prior to issuance of a certificate of occupancy for any building or structure, all screening and landscaping must be in place in accordance with the landscape plan. 4. The City has adopted the Parks and Recreation Open Space Master Plan. The purpose of this master plan is to provide a guide for the orderly future development of Coppell's park and recreation system. It provides for the preservation of open space within the City. The Planning, Engineering, and Parks and Recreation Departments and the Floodplain Administrator, as part of the DRC, review all private plans to ensure compliance with the above - mentioned ordinances and guidance documents. The City of Coppell implements BMPs that promote post -construction stormwater management for new development and redevelopment programs. The list of Best Management Practices, BMP Description, Person Responsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 5. 2.4.3 Annual Reporting The City of Coppell will document all of the SWMP act ivities pertaining Post Construction Stormwater Management in New Development and Redevelopment. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Document proposed and adopted ordinance amendments. • Document plan review and inspection procedures. • Document compliance and non-compliance with new maintenance plan after it has been enforced. City of Coppell Stormwater Management Program Page 27 July 2019 • Document non-compliance with required inclusion of structural and non-structural BMPS which prot ect water quality. • Document and maintain records of enforcement action. City of Coppell Stormwater Management Program Page 28 July 2019 2.5 POLLUTION PREVENTION AND GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS 2.5.1 Regulatory Requirement Specific Requirements as stated in the General Permit for Level 2 Small MS4s: (a) Program development All permittees shall develop and implement an operation and maintenance program, including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities and municipally owned areas including but not limited to park and open space maintenance; street, road, or highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer stations; and salt/sand storage locations. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharges of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. See also Part III.A.1.(c)) (b) Requirements for all Permittees All permit tees shall include the requirements described below in Parts III.B.5.(1)-(6) in the program: (1) Permittee-owned Facilities and Control Inventory All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and operates within the regulated area of the small MS4. The inventory must include all applicable permit numbers, registration numbers, and authorizations for each facility or controls. The inventory must be available for review by TCEQ and must include, but is not limited, to the following, as applicable: a. Composting facilities; b. Equipment storage and maintenance facilities; c. Fuel storage facilities; d. Hazardous waste disposal facilities; e. Hazardous waste handling and transfer facilities; f. Incinerators; g. Landfills; h. Materials storage yards; i. Pesticide storage facilities; j. Buildings, including schools, libraries, police stations, fire stations, and office City of Coppell Stormwater Management Program Page 29 July 2019 buildings; k. Parking lots; l. Golf courses; m. Swimming pools; n. Public works yards; o. Recycling facilities; p. Salt storage facilities; q. Solid waste handling and transfer facilities; r. Street repair and maintenance sites; s. Vehicle storage and maintenance yards; and t. Structural stormwater controls. (2) Training and Education All permittees shall inform or train appropriate employees involved in implementing pollution prevention and good housekeeping practices. All permittees shall maintain a training attendance list for inspection by TCEQ when requested. (3) Disposal of Waste Material - Waste materials removed from the small MS4 must be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable. (4) Contractor Requirements and Oversight a. Any contractors hired by the permittee to perform maintenance activities on permittee- owned facilities must be contractually required to comply with all of the stormwater control measures, good housekeeping practices, and facility specific stormwater management operating procedures described in Parts III B.5. (b)(2)-(6). b. All permittees shall provide oversight of contractor activities to ensure that contractors are using appropriate control measures and SOPs. Oversight procedures must be maintained on-site and made available for inspection by TCEQ. (5) Municipal Operation and Maintenance Activities a. Assessment of permittee-owned operations All permittees shall evaluate operation and maintenance (O&M) activities for their potential to discharge pollutants in stormwater, including but not limited to: (i) Road and parking lot maintenance, including such areas as pothole repair, pavement marking, sealing, and re-paving; (ii) Bridge maintenance, including such areas as re-chipping, grinding, and saw cutting; (iii) Cold weather operations, including plow ing, sanding, and application of deicing and anti-icing compounds and maintenance of snow disposal areas; and City of Coppell Stormwater Management Program Page 30 July 2019 (iv) Right-of-way maintenance, including mowing, herbicide and pesticide application, and planting vegetation. b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities (for example, metals; chlorides; hydrocarbons such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash). c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the discharge of pollutants in stormwater from the above activities. These pollution prevention measures may include the following examples: (i) Replacing materials and chemicals with more environmentally benign materials or me thods; (ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from entering surface waters; and (iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent discharge into surface waters. d. Inspection of pollution prevention measures - All pollution prevention measures implemented at permittee-owned facilities must be visually inspected to ensure they are working properly. The permittee shall develop written procedures that describes frequency of inspections and how they will be conducted. A log of inspections must be maintained and made available for review by the TCEQ upon request. (6) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed by the permittee and consistent with maintaining the effectiveness of the BMP. The permittee shall develop written procedures that define the frequency of inspections and how they will be conducted. 2.5.2 Municipal Operations and Facilities Covered Under the SWMP The City of Coppell performs the following operations that are impacted and covered by this SWMP: 1. Park and open space maintenance; 2. Street, road, or highway maintenance; 3. Fleet and building maintenance; 4. Stormwater system maintenance; 5. New construction and land disturbances; 6. Water distribution; 7. Wastewater collection; 8. Emergency operations (police, fire, EMS). City of Coppell Stormwater Management Program Page 31 July 2019 The following table lists the names and locations of City owned and ope rated facilities that are impacted and covered by this SWMP: Table 2.5.1: City Facilities Facility Type Facility Location Buildings Animal Shelter 821 S. Coppell Road Aquatic Center 234 E. Parkway Blvd Arts Center 157 S. Moore Biodiversity Center 367 Freeport Parkway Columbarium 345 Freeport Parkway Coppell Service Center 816 S. Coppell Road Fire Station #1 520 Southwestern Fire Station #2 366 MacArthur Fire Station #3 133 Parkway Justice Center 130 Town Center Blvd Library 177 N Heartz Grapevine Springs Community Center 345 Bethel Road Tennis Center 950 Creekview Town Center 255 E.Parkway "265 Building" 265 Parkway Utilities Village Parkway Pump Station 1101 Village Parkway Water Tower #1 Southwestern Blvd Water Tower #2 1001 Northpoint Drive Deforest Road Lift Station Sandy Lake Road Lift Station Parks Andy Brown Park Central 364 N. Denton Tap Andy Brown Park East 260 E Parkway Andy Brown Park West 363 N. Denton Tap MacArthur Park 400 S MacArthur Blvd Wagon Wheel 345 Freeport Parkway The NDCFCD will implement BMPs for pollution prevention and good housekeeping as applicable within the District. The District does not own any equipment, and any storm drain facilities located beyond the property limits of the District are the responsibility of others. The District’s facilities and infrastructure consist of a series of sumps, outfall structures, and intake structures. These are maintained as needed. 2.5.3 Pollution Prevention and Good Housekeeping for Municipal Operations Programs and Best Management Practices The City of Coppell implements BMPs that promote pollution prevention and good housekeeping measures for municipal operations. The list of Best Management Practices, BMP Description, City of Coppell Stormwater Management Program Page 32 July 2019 Person Respo nsible for the BMP, Implementation Schedule, and Measurable Goals are available in Table 6. 2.5.4 Annual Reporting The City of Coppell will document all of the SWMP activities pertaining to Pollution Prevention and Good Housekeeping for Municipal Operations. Documentation will be placed in the SWMP Annual Report and will include, but may not be limited to the following items: • Listing of municipal facilities and operations that may contribute significant pollutants to the stormwater system. • Listing of existing pollution prevention structural controls, maintenance activities, maintenance schedules and long-term inspection procedures. • Documentation of any cleaning and maintenance of structural controls. • Documentation of employee training. • Documentation contractors not in compliance with required operating procedures. Following the end of each permit year, the NDCFCD will provide the annual status review along with any other relevant information such as, but not limited to, responses to any issues raised related to District facilities and maintenance activities performed. This information will be provided to the City by February 1 of each year so that the City can complete the annual report to submit to the TCEQ. City of Coppell Stormwater Management Program Page 33 July 2019 2.6 SUMMARY TABLES OF BEST MANAGEMENT PRACTICES AND TA RGETED CONTROLS 32 City of Coppell Stormwater Management Program July 2019 Unless otherwise specified, Implementation Schedule to be completed by December 31 of each permit year. * Asterisk indicates TMDL-specific BMPs. See Table 6 for Summary of Targeted Controls. + Plus sign indicates new BMP. Table 2 - Minimum Control Measure 1: Public Education, Outreach, and Involvement Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 1.1 Texas SmartScape Classes The Community Programs Supervisor (a TCEQ Yard Wise Coordinator) teaches two classes per year on Texas SmartScape. Local landscape companies are requested to send crews to learn about lawn and garden activities to reduce the impact to stormwater. The Texas SmartScape compact disc (CD) is also available to residents. Residents are informed of the classes and CD through media coverage, recreation program guides, the City Desk, the local cable channel, and the website. Community Programs Supervisor December 2019 (and then annually) ▪ Hold two classes per year on Texas SmartScape. ▪ Document the number of attendees at each event. ▪ Verify link annually on City’s Community Programs website. BMP 1.2 Community Organic Recycling Education (CORE) Program The Community Programs Office manages a Community Organic Recycling Education (CORE) program which sponsors programs on composting, lawn and garden activities, and proper organic recycling methods. CORE has a page on the City’s website. Community Programs Supervisor December 2019 (and then annually) ▪ Document number of programs sponsored by CORE each year. ▪ Document number of participants at each event. ▪ Update CORE's webpage as necessary. BMP 1.3 Coppell Community Gardens There are two Coppell Community Gardens that offer continuing education on composting, organic gardening, and proper pesticide management methods. The gardens have approximately 1,000 visitors per year. Community Programs Supervisor December 2019 (and then annually) ▪ Document each educational event and the number of attendees at each event. BMP 1.4 City Hotline The Community Programs Office coordinates information for the City’s 24-hour telephone information line. Information related to stormwater discharges includes recycling, the Community Gardens, street sweeping, and drainage maintenance. The City has the capability to fax related documents and information, and receives citizen response and request for services messages. Residents and businesses are informed of the hotline through the available brochure and the City’s website. Community Programs Supervisor December 2019 (and then annually) ▪ Document stormwater-related calls and responses. ▪ Update hotline phone number to the Stormwater Management page on the City’s website, as necessary. *BMP 1.5 Removal and Proper Disposal of Animal Feces The Parks and Recreation Department posts ordinance signs associated with the removal and proper disposal of animal feces in the City’s public parks. Parks and Recreation Department December 2019 (and then annually) ▪ Maintain ordinance signs and Dog Waste Stations. ▪ Document number of complaints regarding animal feces in public parks. BMP 1.6 Storm Drain Labeling The City is a participant in the voluntary cooperative purchase of plastic storm drain markers sponsored by NCTCOG. The Environmental Health Division is currently responsible for the placement of the storm drain markers and has previously placed Environmental Health Division December 2019 (and then annually) ▪ Review 20% storm drain markings each year. ▪ Document number and location of storm drain markers placed throughout the City. ▪ Document when storm drain markers are replaced. 33 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals approximately 130 markers. Continue labeling residential storm drain inlets with message “This Drain For Rain, Flows To Creek, Don’t Dump,” or similar message, using curb markers purchased from NCTCOG to promote awareness about storm drain outflow. The curb markers are plastic UV resistant disks that have a considerable life span. BMP 1.7 Pre-Construction Meetings The Engineering Department requires and oversees Pre- Construction meetings attended by all General Contractors performing construction within the City of Coppell. The meetings include detailed discussion of the implementation of Stormwater Pollution Prevention Plans and Sediment and Erosion Control Plans. City Engineer December 2019 (and then annually) ▪ Document Pre-Construction meetings, and the number of attendees at each meeting. BMP 1.8 Public Education/City Desk Stormwater Quality Messages The City uses the City Desk newsletter that is included in each water bill mailing to distribute messages pertaining to the Stormwater Management Program that are of interest to the general public, such as proper management of pesticides and fertilizers, prevention of littering, stormwater quality, and public reporting of illicit discharges and dumping. Utilizing the City Desk will allow the City to reach a diverse audience. The messages may be repeated periodically throughout the 5-year permit period. Community Information Officer December 2019 (and then annually) ▪ Post two stormwater quality related messages per year during each permit year in the City Desk newsletter. ▪ Distribute educational materials to the general public at City events and Farmers Market annually. ▪ Document the number of educational materials distributed. BMP 1.9 Municipal Website Stormwater Information The City uses the municipal website to inform the public about the Stormwater Management Program. The website address is:http://www.coppelltx.gov/government/departments/engineeri ng/stormwater-management. The website includes general stormwater quality information, as well as topics of interest to the general public, such as proper management of pesticides and fertilizers, prevention of littering, and public reporting of illicit discharges and dumping. The topics may be repeated periodically throughout the 5-year permit period. Community Information Officer December 2019 ▪ Review website annually and updated if necessary. December 2022 ▪ The City will create a new email address that will be dedicated for receiving questions and concerns about the program that are expressed on the website. BMP 1.10 Comply With State and Local Public Notice Requirements The City is in compliance with state and local public notice requirements when implementing a public involvement and participation program. The required public notices will be prepared and published by the City Engineer. The Community Information Officer will convey the notices to the public via local television and mailing inserts, as necessary. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Continue to provide state and local required public notices in the process of implementing a public involvement and participation program. 34 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 1.11 SWMP Available for Public Review and Comment After the City adopts the SWMP, it will be permanently posted on the website and remain open for public review and comment. Public comments and input regarding the SWMP and responses by Engineering staff will be documented. Information related to the SWMP will be posted as necessary. Community Information Officer December 2019 ▪ Provide the adopted SWMP for public review and comment on the City's website. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Document the public input regarding the SWMP and responses by Engineering staff. ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. City Engineer, Community Information Officer 30 Days after Approval Date ▪ Post SWMP Annual Report for public review on the City’s website. ▪ Post the adopted SWMP on the City’s website. *+BMP 1.12 Bacteria-Specific Public Education According to TCEQ's Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, "as funding is available, NCTCOG and stakeholders will develop or expand the availability of m ore bacteria-specific public education materials to RSWMP participants." The City will review the bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. Public Works Office, Community Information Officer December 2019 (and then annually) ▪ Review bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. 35 City of Coppell Stormwater Management Program July 2019 Table 3 - Minimum Control Measure 2: Illicit Discharge Detection and Elimination Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 2.1 Program to Detect and Eliminate Illicit Discharges The City has evaluated existing procedures and developed and implemented a program to detect and eliminate illicit discharges to the storm sewer system. Field staff from Public Works, Parks and Recreation, Environmental Health, and Engineering are provided with water quality observation cards to be carried in every City vehicle. The staff receives initial training and an annual refresher training conducted by the Engineering Department, to be aware of signs of illicit discharges. Field staff are instructed to use the observation cards to document unusual dry weather flows (those not classified as allowable non-stormwater discharges), illegal dumping, sewage overflows, or anything else unusual. Once an observation card is completed by field staff, it is submitted to the City Engineer for further investigation. Engineering staff will work to identify the source of the discharge and remove and/or correct the discharge or connection if it is within the City’s jurisdiction. If the discharge or connection originates from a private source, the proper enforcement division will be contacted to respond. A database to document the number of investigations conducted and the number of illicit connections or discharges addressed is maintained by the City Engineer. Information from the database may be transferred to the GIS storm sewer map t o help identify problem areas. City Engineer December 2019 (and then annually) ▪ Continue annual training for municipal employees and field staff to detect and eliminate illicit discharges. ▪ Maintain training program materials and attendance lists annually. ▪ Continue documenting observation cards, as necessary. ▪ Continue updating GIS storm sewer map, as necessary. ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. December 2020 ▪ Develop written procedures for conducting inspections in response to complaints and conducting follow-up inspections to ensure corrective measures have been implemented. BMP 2.2 Storm Sewer System Map The existing GIS storm sewer map will be updated with newly constructed facilities and will be expanded to include man-made channels, ditches, the location of all outfalls, and the names and location of all waters of the United States that receive discharges from those outfalls. The information for the updates will be taken from as-built construction plans, and a Global Positioning System (GPS) will be used to capture outfall locations. Citizen complaints, visual screening data, inspections, and the number of investigations will also be input into the GIS storm sewer map, and the water quality database will be updated. City Engineer December 2019 (and then annually) ▪ Continue to locate and identify the outfall structures and receiving waters of the U.S. and input data into the GIS storm sewer map. ▪ Update the existing GIS storm sewer map with stormwater quality data and new facilities, as necessary. *BMP 2.3 Illicit Discharge Ordinance The City has developed an ordinance to effectively prohibit illicit discharges and illegal dumping into the storm sewer system and implements enforcement response procedures and penalties for City Engineer December 2019 (and then annually) ▪ Continue to implement existing ordinances regarding stormwater quality and pollution mitigation, including bacteria. ▪ Sample and monitor creeks three times a year. 36 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals noncompliance. The ordinance authorizes access for municipal employees to storm sewers on private property for inspection and investigation purposes. If it is determined that any non- stormwater discharges significantly contribute pollutants, including bacteria, to the storm sewer system, the ordinance will prohibit those non-stormwater discharges. City Engineer, City Attorney December 2020 ▪ Determine if any non-stormwater discharges are pollutants and amend the Illicit Discharge Ordinance, as necessary. +BMP 2.4 Hotline for Public Reporting of Illicit Discharges The City utilizes a reporting hotline for the public to report illicit discharges. The phone number is posted on the stormwater webpage and can be accessed by calling the Engineering Department as displayed on the City of Coppell's "CONTACT US" webpage. This will facilitate the ability of the public to provide information that will assist in the detection of problem discharges. The City will continue implementing procedures for addressing information submitted by citizens on the hotline and forwarding the information to City inspectors. The City will maintain procedures for record keeping of complaints and corrective actions to be taken. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Update hotline phone number to the Stormwater Management page on the City’s website, as necessary. ▪ Continue to facilitate hotline for public reporting of illicit discharges. ▪ Document reports and complaints annually. ▪ Document the number of corrective actions taken annually. 37 City of Coppell Stormwater Management Program July 2019 Table 4 - Minimum Control Measure 3: Construction Site Stormwater Runoff Control Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 3.1 Construction Site Stormwater Runoff Control Program The City has developed and implements stormwater control measures to ensure compliance with the Phase II general permit. The City enforces effective erosion and sediment controls, soil stabilization, and BMPs for construction sites to minimize the discharge of pollutants. City Engineer December 2019 (and then annually) ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. ▪ Maintain effective erosion and sediment controls. December 2020 ▪ Develop written procedures for initiating and completing soil stabilization measures for construction sites. BMP 3.1 Erosion and Sedimentation Control Code The City has implemented existing Erosion and Sedimentation Control Code, Ord. No. 91514, to ensure compliance with the Phase II general permit. The City will review the TPDES permit requirements for large and small construction activities and the NCTCOG Construction BMP Manual. The City will continue looking for opportunities to coordinate the ordinance with the federal/state permits and the construction manual. The City will also review any other ordinances, regulations, and specifications affecting erosion and sedimentation control. If necessary, the ordinances, regulations, and speci fications will be amended to ensure compliance with the Phase II general permit. City Engineer, City Attorney December 2019 ▪ Review existing ordinances, regulations, and specifications for compliance with Phase II general permit. City Engineer, City Attorney December 2020 ▪ Update and adopt any necessary ordinances, regulations and specifications for compliance with Phase II permit. *+BMP 3.2 Site Inspections The City has reviewed existing site inspection procedures and established written procedures that contain appropriate frequencies for inspection of construction stormwater BMPs as well as procedures for record keeping of inspections and compliance actions. City Engineer December 2019 (and then annually) ▪ Continue implementation of the inspection program. ▪ Document violations of the site inspection requirements and any stop work orders given. ▪ Continue inspection of portable toilet facilities to the inspection requirements, in order to mitigate possible bacteria discharge from construction areas. ▪ Continue site inspection procedures for inspection of construction stormwater BMPs. BMP 3.3 Reporting Hotline The City utilizes the same reporting hotline discussed in the Illicit Discharge Detection and Elimination MCM for the public to report construction site problems. The phone number is posted on the stormwater management webpage. This facilitates the ability of the public to provide information that will assist in detecti on of problem discharges. The City has established and implemented procedures for addressing information submitted by citizens on the hotline and forwarding the information to City inspectors. The City has also established procedures for record keeping of complaints and corrective actions taken. City Engineer, Community Information Officer December 2019 (and then annually) ▪ Update hotline phone number to the Stormwater Management page on the City’s website, as necessary. ▪ Document any citizen complaints and corrective action taken annually. ▪ Publicize the hotline in the City Desk newsletter and mailings, as necessary. City Engineer, Community Information Officer 38 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *+BMP 3.4 Minimize Discharges from Spills and Leaks The developer is required to minimize the discharge of pollutants from spills and leaks. The construction site may develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the TPDES Construction General Permit TXR 150000. This will be monitored through the site inspections as listed in BMP 3.2. City Engineer December 2019 (and then annually) ▪ Document number of construction sites not in compliance with BMP 3.4 upon inspection and any corrective action taken annually. *+BMP 3.5 Prohibited Illicit Discharges As described in the TPDES General Permit TXR040000 III.B.3.b.3, and to help mitigate bacteria discharges, construction sites are prohibited from discharging the following: a) Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control; b) Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials; c) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; d) Soaps or solvents used in vehicle and equipment washing; and, e) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs. City Engineer December 2019 (and then annually) ▪ Document the number of construction sites not in compliance with BMP 3.5 upon site inspection and any corrective action taken annually. +BMP 3.6 MS4 Staff Training The City will ensure City staff whose primary job duties are related to implementing the construction stormwater program (including permitting, plan review, construction site inspections, and enforcement) are informed or trained to conduct these activities. City Engineer December 2019 (and then annually) ▪ Continue to ensure City staff whose primary job duties are related to implementing the construction stormwater program are informed or trained to conduct these activities. ▪ Document the number of City staff trained each year. ▪ Document the number trainings related to construction site stormwater runoff control attended by City staff each year. 39 City of Coppell Stormwater Management Program July 2019 Table 5 - Minimum Control Measure 4: Post-Construction Stormwater Management in New Development and Redevelopment Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *BMP 4.1 Evaluate and Update Ordinances The City will draft local criteria for management of new and redevelopment. The City will review the Comprehensive Zoning Ordinance, the Subdivision Ordinance, and the Floodplain Ordinance. These ordinances may be amended to require regulated development and redevelopment to comply with criteria and standards to ensure proper long-term operation and maintenance of structural BMPs. City Engineer December 2019 ▪ Review applicable ordinances. City Engineer December 2020 ▪ Draft design criteria and standards for engineering, planning, and administration, as needed. City Engineer, Legal December 2021 ▪ Amend ordinances to require long-term maintenance of post-construction stormwater management BMPs, as needed. City Engineer December 2022- 2023 ▪ Implement and enforce all applicable post-construction stormwater management criteria and standards. City Engineer December 2019 (and then annually) ▪ Annually review and update the SWMP and MCM implementation procedures, as necessary. ▪ Document and maintain records of enforcement actions annually. BMP 4.2 Update Plan Review and Inspection Programs The City will continue to integrate post-construction stormwater quality requirements into plan review and site i nspection programs. The City will evaluate existing procedures and identify needed changes and implement the revised programs. City Engineer December 2021 ▪ Evaluate existing plan review and site inspection procedures. Identify program changes, as needed. City Engineer December 2022- 2023 ▪ Implement the revised plan review and inspection programs. *+BMP 4.3 Structural and Non-structural BMPs The City shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community that protect water quality and reduce bacterial discharges. City Engineer December 2021 ▪ Establish structural and non-structural BMP requirements, which protect water quality, for owners or operators of newly developed or redeveloped sites. December 2022- 2023 ▪ Implement and enforce the structural and non-structural BMP requirements which protect water quality. +BMP 4.4 Long-term Maintenance Plan In order to ensure long-term operation and maintenance of structural stormwater controls, the City shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site. The City shall require that operation and maintenance performed is documented and retained on site, such as at the offices of the owner or operator, and shall be made available for review by the City. City Engineer December 2020 ▪ Create general framework for maintenance plan for newly developed or redeveloped sites. City Engineer December 2021 ▪ Publicize the new maintenance plan requirement and provide informational meetings regarding the necessity and formation of the maintenance plan for owners and operators of new developed or redeveloped sites. City Engineer December 2022- 2023 ▪ Enforce the new maintenance plan requirement for all owners and operators of newly developed or redeveloped sites. 40 City of Coppell Stormwater Management Program July 2019 Table 6 - Minimum Control Measure 5: Pollution Prevention/Good Housekeeping for Municipal Operations Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 5.1 Street and Roadway Maintenance The City contracts with an outside firm to sweep the major streets once a year and the major intersections four times a year. The Streets Division cleans ditches, curb inlets, drains, and repairs erosion areas, as needed, based on visual inspections and citizen complaints. Sediment from the ditches and inlets is recycled. Streets Division December 2019 (and then annually) ▪ Document street and roadway maintenance activities. ▪ Continue sweeping major streets once a year and the major intersections four times a year. ▪ Continue cleaning ditches, curb inlets, drains, and repair erosion areas, as needed. *BMP 5.2 Stormwater System Maintenance The City performs annual cleaning of the concrete drainage channels as well as the periodic inspections of the inlets, junction boxes, and stormwater outfalls to ensure that the system is free and clear of sediment and floatables as well as to ensure that the system is intact and operating properly. Bacteria may attach to floatables, debris, sediment, and other materials. Refraining from removing such materials could influence bacteria levels in waterways. The City also performs periodic removal of trees from creeks to ensure that the drainage ways and creeks are flowing well and capable of conveying the design flow. Streets Division December 2019 (and then annually) ▪ Document annual cleaning and inspections of the City's stormwater system. ▪ Continue periodic removal of trees from creeks to ensure drainage ways and creeks are capable of conveying the design flow. BMP 5.3 Parks and Open Space The Parks and Recreation Department has regularly scheduled trash removal on Wednesday and brush removal on Saturday of each week for the right-of-ways, parks, open spaces and City facilities to prevent floatables and trash from entering the storm sewer system. Trash is removed on a daily basis, as necessary. Parks and Recreation Department December 2019 (and then annually) ▪ Remove trash on Wednesday and brush on Saturday of each week, or more frequently as necessary. BMP 5.4 Wastewater Collection The Utilities Operation Division cleans and videos sewer lines on an annual basis. Trouble spots along the lines are cleaned on a monthly basis in order to prevent any outflows. Utilities Operation Division December 2019 (and then annually) ▪ Annually clean and video sewer lines. ▪ Clean trouble spots on a monthly basis. BMP 5.5 Fleet and Building Maintenance The City has in-house facilities management personnel that conduct on-going operations and maintenance of all buildings, permanent structures, parking lots, and storage yards. Facilities Management December 2019 (and then annually) ▪ Conduct and document on-going operations and maintenance of all buildings, permanent structures, parking lots, and storage yards. 41 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals BMP 5.6 Fleet and Building Maintenance- Service Center The Service Center covers 7.5 acres and includes the main office building with three service bays and a wash bay, exterior storage buildings, and a chemical storage building with a wash - down area. Vehicle and equipment maintenance takes place inside buildings. The enclosed wash bay has floor drains with a sand/oil separator and is connected to the sanitary sewer system. The hydraulic fluid stored in one of the service bays has its own containment system to prevent any spills from reaching the floor. The enclosed chemical storage wash-down area has its own containment system that is emptied by a hazardous waste company. The majority of the machinery and equipment is stored in enclosed buildings. There is a three-sided, covered building for storage of stockpiled materials such as sand. The above ground fuel storage tanks located at the Fleet Building and Fire Station No. 2 are double-walled construction with vapor recovery systems. Facilities Management December 2019 (and then annually) ▪ Document any spills and operator's response to the spill. BMP 5.7 Parks and Open Space Vegetation The Parks and Recreation Department utilizes native and adapted vegetation to reduce water, fertilizer, and pesticide needs. The Service Center grounds and the median of the Sandy Lake Road utilized drought resistant seed mixes, ground covers and trees. Seeding and maintaining vegetation prevents erosion and sediment transport to the storm sewer system. Parks and Recreation Department December 2019 (and then annually) ▪ Document times of vegetation seeding and maintenance. BMP 5.8 Parks and Open Space Pest Management The City uses integrated pest management, where appropriate, so that the use of pesticides can be limited. Parks and Recreation Department December 2019 (and then annually) ▪ Document any instances in which pesticides were used. BMP 5.9 Program to Reduce or Eliminate Polluted Runoff from Municipal Operations The City will continue the development and revision of the list of municipal facilities and operations that may contribute significant pollutants to the stormwater system. The existing pollution prevention practices, maintenance procedures, and other practices will be evaluated with regard to reducing the discharge of pollutants. Pollution prevention plans for municipal operations, such as maintenance and storage yards, fleet maintenance, and pesticide and herbicide treatments will be revised and implemented as needed. City Engineer December 2019 ▪ Review list of municipal facilities and operations that may contribute significant pollutants to the stormwater system and update, as necessary. Director of Parks and Recreation, City Engineer December 2020 ▪ Evaluate the existing pollution prevention practices, maintenance procedures, and other practices for municipal operations. Identify any additional controls that need to be implemented. Director of Parks and Recreation, City Engineer December 2021- 2023 ▪ Continue to implement the pollution prevention plans for municipal operations. 42 City of Coppell Stormwater Management Program July 2019 Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *BMP 5.10 Training Program The City has developed a training program for applicable employees associated with park maintenance, fleet and building maintenance, new construction, facilities maintenance, and stormwater maintenance. The training program includes training materials directed at preventing and reducing stormwater pollution from municipal operations. The City will continue to train applicable employees, to make presentations at safety meetings on pollution prevention/good housekeeping topics, participate in cooperative training opportunities available through NCTCOG, develop informational tools for maintenance crews, and post pollution prevention/good housekeeping signs at maintenance facilities and yards. As resources are available, the training program will include educational material developed by NCTCOG and stakeholders regarding bacterial discharges, as mentioned in Implementation Plan for Twenty-One Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, also referred to as "Implementation Plan" or "I-Plan". City Engineer, Parks Department December 2019 (and then annually) ▪ Continue to implement the employee training program on pollution prevention and good housekeeping. ▪ Document employee training attendance and materials distributed. ▪ Participate in NCTCOG and other applicable stakeholder training opportunities on pollution prevention and good housekeeping annually. ▪ Hold at least two City staff meetings per year to discuss stormwater pollution prevention. ▪ Continue to and post pollution prevention/good housekeeping signs at maintenance facilities and yards. BMP 5.11 Structural Control Maintenance Coppell will update the list of existing pollution prevention structural controls, written maintenance activities, maintenance schedules, and long-term inspection procedures for these structural controls as needed. The program includes procedures for the proper disposal of waste removed from the structural controls and collected as a result of municipal operations and activities. City Engineer December 2019 (and then annually) ▪ Evaluate and update the list of existing pollution prevention structural controls, maintenance activities, maintenance schedules, and long-term inspection procedures as needed. +BMP 5.12 Requirements for Contractors Hired by the City Contractors hired by the City of Coppell are required to comply with operating procedures. As such, the City will maintain contractor oversight procedures. City Engineer, Parks Department December 2019 (and then annually) ▪ Maintain contractor oversight procedures. ▪ Document and publicize the required operating procedures for hired contractors and the contractor oversight procedures. ▪ Implement the contractor oversight procedures to enforce the required operating procedures for hired contractors. See BMP 1.5 Removal and Proper Disposal of Animal Feces Refer to referenced BMP for specific details. N/A N/A ▪ N/A 43 City of Coppell Stormwater Management Program July 2019 Table 7 - Summary of T argeted Controls Targeted Controls Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals *BMP 1.5 Removal and Proper Disposal of Animal Feces The Parks and Recreation Department posts ordinance signs associated with the removal and proper disposal of animal feces in the City’s public parks. Parks and Recreation Department Year 1 - 5 ▪ Maintain ordinance signs. ▪ Document number of complaints regarding animal feces in public parks. *+BMP 1.12 Bacteria-Specific Public Education According to TCEQ's Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, "as funding is available, NCTCOG and stakeholders will develop or expand the availability of more bacteria-specific public education materials to RSWMP participants." The City will review the bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. Public Works Office, Community Information Officer Year 1 - 5 ▪ Review bacteria-specific public education materials developed by NCTCOG and stakeholders, as necessary, for possible use in the City. *BMP 2.3 Illicit Discharge Ordinance The City has developed an ordinance to effectively prohibit illicit discharges and illegal dumping into the storm sewer system and implements enforcement response procedures and penalties for noncompliance. The ordinance authorizes access for municipal employees to storm sewers on private property for inspection and investigation purposes. If it is determined that any non- stormwater discharges significantly contribute pollutants, including bacteria, to the storm sewer system, the ordinance will prohibit those non-stormwater discharges. City Engineer Year 1 - 5 ▪ Continue to implement existing ordinances regarding stormwater quality and pollution mitigation, including bacteria. City Engineer, City Attorney Year 2 ▪ Determine if any non-stormwater discharges are pollutants and amend the Illicit Discharge Ordinance, as necessary. City Engineer, City Attorney Year 2 ▪ Determine if any non-stormwater discharges are pollutants and amend the Illicit Discharge Ordinance if necessary. *+BMP 3.2 Site Inspections The City has reviewed existing site inspection procedures and established written procedures that contain appropriate frequencies for inspection of construction stormwater BMPs as well as procedures for record keeping of inspections and compliance actions. The City will add inspection of portable toilet facilities to the inspection requirements, in order to mitigate possible bacteria discharge from construction site. City Engineer Year 1 ▪ Continue implementation of the existing inspection program ▪ Document violations of the site inspection requirements and any stop work orders given. City Engineer Year 2 ▪ Add inspection of portable toilet facilities to the inspection requirements, in order to mitigate possible bacteria discharge from construction areas. ▪ Establish site inspection procedures for inspection of construction stormwater BMPs. City Engineer Year 3 - 5 ▪ Implement procedures for site inspection. *+BMP 3.4 Minimize Discharges from Spills and Leaks The developer is required to minimize the discharge of pollutants from spills and leaks. As an alternative, the construction sit e may develop a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the TPDES Construction General Permit TXR 150000. This will be monitored through the site inspections as City Engineer Year 2 - 5 ▪ Document number of construction sites not in compliance with BMP 3.4 upon inspection and any corrective action taken. 44 City of Coppell Stormwater Management Program July 2019 Targeted Controls Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals listed in BMP 3.2. *+BMP 3.5 Prohibited Illicit Discharges As described in the TPDES General Permit TXR 040000 III.B.3.b.3, and to help mitigate bacteria discharges, construction sites are prohibited from discharging the following: a) Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control; b) Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials; c) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and, d) Soaps or solvents used in vehicle and equipment washing; e) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs. City Engineer Year 2 - 5 ▪ Document the number of construction sites not in compliance with BMP 3.5 upon site inspection and any corrective action taken. *BMP 4.1 Evaluate and Update Ordinances The City will draft local criteria for management of new and redevelopment. The City will review the Comprehensive Zoning Ordinance, the Subdivision Ordinance, and the Floodplain Ordinance. These ordinances may be amended to require regulated development and redevelopment to comply with criteria and standards to ensure proper long-term operation and maintenance of structural BMPs. City Engineer Year 1 ▪ Review applicable ordinances. City Engineer Year 2 ▪ Draft design criteria and standards for engineering, planning, and administration, as needed. City Engineer, Legal Year 3 ▪ Amend ordinances to require long-term maintenance of post-construction stormwater management BMPs, as needed. City Engineer Year 4 - 5 ▪ Implement and enforce all applicable post-construction stormwater management criteria and standards. Document and maintain records of enforcement actions. *+BMP 4.3 Structural and Non-structural BMPs The City shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protect water quality and reduce bacterial discharges. City Engineer Year 3 ▪ Establish structural and non-structural BMP requirements, which protect water quality, for owners or operators of newly developed or redeveloped sites. Year 4 - 5 ▪ Implement and enforce the structural and non-structural BMPs requirement which protect water quality. Year 4 - 5 ▪ Implement and enforce the structural and non-structural BMPs requirement which protect water quality. *BMP 5.2 Stormwater The City performs annual cleaning of the concrete drainage channels as well as the periodic inspections of the inlets, junction boxes and stormwater outfalls to ensure that the system is free Streets Division Year 1 - 5 ▪ Document annual cleaning and inspections of The City's stormwater system. 45 City of Coppell Stormwater Management Program July 2019 Targeted Controls Best Management Practices BMP Description Responsibility Implementation Schedule Measurable Goals System Maintenance and clear of sediment and floatables as well as to ensure that the system is intact and operating properly. Bacteria may attach to floatables, debris, sediment, and other materials. Refraining to remove such materials could influence bacteria levels in waterways. The City also performs periodic removal of trees from creeks to ensure that the drainage ways and creeks are flowing well and capable of conveying the design flow. ▪ Continue periodic removal of trees from creeks to ensure drainage ways and creeks are capable of conveying the design flow. *BMP 5.10 Training Program The City has developed a training program for applicable employees associated with park maintenance, fleet and building maintenance, new construction, facilities maintenance, and stormwater maintenance. The training program includes training materials directed at preventing and reducing stormwater pollution from municipal operations. The City will continue to train applicable employees, to make presentations at safety meetings on pollution prevention/good housekeeping topics, participate in cooperative training opportunities available through NCTCOG, develop informational tools for maintenance crews, and post pollution prevention/good housekeeping signs at maintenance facilities and yards. As resources are available, the training program will include educational material developed by NCTCOG and stakeholders regarding bacterial discharges, as mentioned in Implementation Plan for Seventeen Total Maximum Daily Loads for Bacteria in the Greater Trinity River Region, also referred to as "Implementation Plan" or "I-Plan". City Engineer, Parks Department Year 1 - 5 ▪ Continue to implement the employee training program on pollution prevention and good housekeeping. ▪ Document employee training sessions and materials distributed. City of Coppell Stormwater Management Program July 2019 APPENDIX A Area of Involvement Map City of Coppell Stormwater Management Program July 2019 APPENDIX B Storm Sewer Map City of Coppell Stormwater Management Program July 2019 APPENDIX C Interlocal Agreement City of Coppell Stormwater Management Program July 2019 APPENDIX D Resolution to Adopt the SWMP City of Coppell Stormwater Management Program July 2019 APPENDIX E TPDES General Permit Small MS4 General Permit TPDES General Permit TXR040000 Page 2 TCEQ GENERAL PERMIT NUMBER TXR040000 RELATING TO DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS Table of Contents Part I. Definitions ................................................................................................................... 6 Part II. Permit Applicability and Coverage ........................................................................... 13 Section A. Small MS4s Eligible for Authorization under this General Permit ............... 13 1. Small MS4s Located in an Urbanized Area .............................................................. 13 2. Designated Small MS4s ............................................................................................ 13 3. Operators of Previously Permitted Small MS4s ....................................................... 13 4. Regulated Portion of Small MS4 .............................................................................. 13 5. Categories of Regulated Small MS4s ........................................................................ 13 Section B. Available Waivers from Coverage .................................................................. 14 1. Waiver Option 1: ....................................................................................................... 15 2. Waiver Option 2: ....................................................................................................... 15 Section C. Allowable Non-Stormwater Discharges ......................................................... 16 Section D. Limitations on Permit Coverage .................................................................... 16 1. Discharges Authorized by Another TPDES Permit .................................................. 16 2. Discharges of Stormwater Mixed with Non-Stormwater ......................................... 17 3. Compliance with Water Quality Standards .............................................................. 17 4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements .. 17 5. Discharges to the Edwards Aquifer Recharge Zone ................................................. 21 6. Discharges to Specific Watersheds and Water Quality Areas .................................. 22 7. Protection of Streams and Watersheds by Home Rule Municipalities .................... 22 8. Indian Country Lands ............................................................................................... 22 9. Endangered Species Act ............................................................................................ 22 10. Other ......................................................................................................................... 23 Section E. Obtaining Authorization ................................................................................ 23 1. Application for Coverage .......................................................................................... 23 2. Late Submission of the NOI and SWMP .................................................................. 24 3. SWMP General Requirements .................................................................................. 24 4. SWMP Review ........................................................................................................... 24 5. SWMP Updates Required by TCEQ .......................................................................... 24 6. SWMP Updates ......................................................................................................... 25 Small MS4 General Permit TPDES General Permit TXR040000 Page 3 7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP Implementation ........................................................................................................ 26 8. Contents of the NOI .................................................................................................. 27 9. Notice of Change (NOC) ........................................................................................... 28 10. Change in Operational Control of a Small MS4 ........................................................ 28 11. Notice of Termination (NOT) ................................................................................... 28 12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms ............................ 28 13. Fees ........................................................................................................................... 28 14. Permit Expiration ..................................................................................................... 29 15. Suspension of Permit Coverage ................................................................................ 29 16. Public Notice Process for NOI submittal .................................................................. 29 Section F. Permitting Options ......................................................................................... 31 1. Authorization Under the General Permit ................................................................. 31 2. Alternative Coverage under an Individual TPDES Permit ....................................... 31 Part III. Stormwater Management Program (SWMP) ............................................................ 32 Section A. Developing a Stormwater Management Program (SWMP) ........................... 32 1. SWMP Development and Schedule .......................................................................... 32 2. Content of the SWMP ............................................................................................... 33 3. Legal Authority ......................................................................................................... 33 4. Resources .................................................................................................................. 34 5. Effluent Limitations .................................................................................................. 34 6. Enforcement Measures ............................................................................................. 34 Section B. Minimum Control Measures .......................................................................... 35 1. Public Education, Outreach, and Involvement ......................................................... 35 2. Illicit Discharge Detection and Elimination (IDDE) ................................................ 36 3. Construction Site Stormwater Runoff Control ........................................................ 40 4. Post Construction Stormwater Management in New Development and Redevelopment ......................................................................................................... 43 5. Pollution Prevention and Good Housekeeping for Municipal Operations .............. 44 6. Industrial Stormwater Sources ................................................................................. 50 7. Authorization for Construction Activities where the Small MS4 is the Site Operator .................................................................................................................... 50 Section C. General Requirements ................................................................................... 51 Part IV. Recordkeeping and Reporting .................................................................................. 52 Small MS4 General Permit TPDES General Permit TXR040000 Page 4 Section A. Recordkeeping................................................................................................ 52 Section B. Reporting ........................................................................................................ 52 1. General Reporting Requirements ............................................................................. 52 2. Annual Report ........................................................................................................... 53 Part V. Standard Permit Conditions ..................................................................................... 54 Part VI. Authorization for Municipal Construction Activities – Applicable only if the 7th Optional MCM is selected ......................................................................................... 56 Section A. Eligible Construction Sites ............................................................................. 56 Section B. Discharges Eligible for Authorization ............................................................ 56 1. Stormwater Associated with Construction Activity .................................................. 56 2. Discharges of Stormwater Associated with Construction Support Activities .......... 56 3. Non-Stormwater Discharges .................................................................................... 57 4. Other Permitted Discharges ..................................................................................... 57 Section C. Limitations on Permit Coverage .................................................................... 57 Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements ..................... 58 Section E. Stormwater Runoff from Concrete Batch Plants ........................................... 58 1. Benchmark Sampling Requirements ........................................................................ 58 2. BMPs and SWP3 Requirements .............................................................................. 60 3. Prohibition of Wastewater Discharges ..................................................................... 62 4. Concrete Truck Wash Out Requirements ................................................................. 62 Section F. Effective Date of Coverage ............................................................................. 63 Section G. Deadlines for SWP3 Preparation and Compliance ........................................ 63 Section H. Plan Review and Making Plans Available ...................................................... 63 Section I. Keeping Plans Current ................................................................................... 63 Section J. Contents of SWP3 .......................................................................................... 64 1. Site Description ......................................................................................................... 64 2. Structural and non-structural controls ..................................................................... 65 3. Stabilization Practices ............................................................................................... 65 4. Structural Control Practices ..................................................................................... 66 5. Permanent Stormwater Controls .............................................................................. 67 6. Other Controls .......................................................................................................... 67 7. Effluent Limits .......................................................................................................... 67 8. Approved State and Local Plans ............................................................................... 67 9. Maintenance ............................................................................................................. 67 Small MS4 General Permit TPDES General Permit TXR040000 Page 5 10. Inspections of Controls ............................................................................................. 67 11. Pollution Prevention Measures................................................................................. 69 Section K. Additional Retention of Records .................................................................... 69 Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 6 Part I. Definitions Arid Areas - Areas with an average annual rainfall of less than ten (10) inches. Benchmarks – A benchmark pollutant value is a guidance level indicator that helps determine the effectiveness of chosen best management 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, structural controls, local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas. Catch basins - 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. 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. Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub. L. 97-117, 33 U.S.C. 1251 et. seq. Common Plan of Development or Sale - 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-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. Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 7 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. Discharge – When used without a qualifier, refers to the discharge of stormwater runoff or certain non-stormwater discharges as allowed under the authorization of this general permit. Edwards Aquifer - As defined in 30 TAC §213.3 (relating to the Edwards Aquifer), that portion of an arcuate belt of porous, water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde, Medina, Bexar, Comal, Hays, Travis, and Williamson Counties; and composed of the Salmon Peak Limestone, McKnight Formation, West Nueces Formation, Devil’s River Limestone, Person Formation, Kainer Formation, Edwards Formation, and Georgetown Formation. The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less-permeable Del Rio Clay regionally. Edwards Aquifer Recharge Zone - Generally, that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer, where caves, sinkholes, faults, fractures, or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer. The recharge zone is identified as that area designated as such on official maps located in the offices of the TCEQ or the TCEQ website. 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: (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. Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 8 (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. General Permit - A permit issued to authorize the discharge of waste into or adjacent to water in the state for one or more categories of waste discharge within a geographical area of the state or the entire state as provided by Texas Water Code (TWC) §26.040. Groundwater Infiltration - For the purposes of this permit, groundwater that enters a municipal separate storm sewer system (including sewer service connections and foundation drains) through such means as defective pipes, pipe joints, connections, or manholes. High Priority Facilities - High priority facilities are facilities with a high potential to generate stormwater pollutants. These facilities must include, at a minimum, the MS4 operator’s maintenance yards, hazardous waste facilities, fuel storage locations, and other facilities where chemicals or other materials have a high potential to be discharged in stormwater. Among the factors that must be considered when giving a facility a high priority ranking are: the amount of urban pollutants stored at the site, the identification of improperly stored materials, activities that must not be performed outside (for example, changing automotive fluids, vehicle washing), proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). Hyperchlorinated Water – Water resulting from hyperchlorination of waterlines or vessels, with a chlorine concentration greater than 10 milligrams per liter (mg/L). 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 fire fighting activities. Impaired Water - A surface water body that is identified as impaired on the latest approved CWA §303(d) List or waters with an EPA approved or established TMDL that are found on the latest EPA approved Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies. Implementation Plan (I-Plan) – A detailed plan of action that describes the measures or activities necessary to achieve the pollutant reductions identified in the total maximum daily load (TMDL). Indian Country - Defined in 18 USC § 1151 as: (a) All land within the limits of any Indian reservation under the jurisdiction of the United States (U.S.) Government, notwithstanding the Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 9 issuance of any patent, and including rights-of-way running through the reservation; (b) All dependent Indian communities within the borders of the U.S. whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) All Indian allotments, the Indian titles to which have not been extinguished, including rights- of-way running through the same. This definition includes all land held in trust for an Indian tribe. 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). Infeasible - For the purpose of this permit, infeasible means not technologically possible, or not economically practicable and achievable in light of best industry practices. The TCEQ notes that it does not intend for any small MS4 permit requirement to conflict with state water right laws. Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal separate storm sewer systems (MS4s) to reduce pollutants in stormwater discharges that was established by the CWA § 402(p). A discussion of MEP as it applies to small MS4s is found in 40 CFR § 122.34. MS4 Operator - For the purpose of this permit, the public entity or the entity contracted by the public entity, responsible for management and operation of the small municipal separate storm sewer system that is subject to the terms of this general permit. Municipal Separate Storm Sewer System (MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (a) Owned or operated by the U.S., a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under the CWA §208 that discharges to surface water in the state; (b) That is designed or used for collecting or conveying stormwater; (c) That is not a combined sewer; and (d) That is not part of a publicly owned treatment works (POTW) as defined in 40 CFR §122.2. Non-traditional Small MS4 - A small MS4 that often cannot pass ordinances and may not have the enforcement authority like a traditional small MS4 would have to enforce the stormwater management program. Examples of non-traditional small MS4s include counties, transportation authorities (including the Texas Department of Transportation), municipal utility districts, drainage districts, military bases, prisons and universities. Notice of Change (NOC) - A written notification from the permittee to the executive director providing changes to information that was previously provided to the agency in a notice of intent. Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 10 Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination (NOT) - A written submission to the executive director from a permittee authorized under a general permit requesting termination of coverage under this general permit. Outfall - A point source at the point where a small MS4 discharges to waters of the U.S. and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other waters of the U.S. and are used to convey waters of the U.S. For the purpose of this permit, sheet flow leaving a linear transportation system without channelization is not considered an outfall. Point sources such as curb cuts; traffic or right-or-way barriers with drainage slots that drain into open culverts, open swales or an adjacent property, or otherwise not actually discharging into waters of the U.S. are not considered an outfall. Permittee - The MS4 operator authorized under this general permit. Point Source - (from 40 CFR § 122.22) 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(s) of Concern – For the purpose of this permit, 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)). Redevelopment - Alterations of a property that changed the ”footprint” of a site or building in such a way that there is a disturbance of equal to or greater than one (1) acre of land. This term does not include such activities as exterior remodeling, routine maintenance activities, and linear utility installation. Semiarid Areas - Areas with an average annual rainfall of at least ten (10) inches, but less than 20 inches. Small Municipal Separate Storm Sewer System (MS4) – A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (a) Owned or operated by the U.S., a state, city, town, borough, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under CWA § 208; (b) Designed or used for collecting or conveying stormwater; (c) Which is not a combined sewer; (d) Which is not part of a POTW as defined in 40 CFR § 122.2; and (e) Which was not previously regulated under a National Pollutant Discharge Elimination System (NPDES) or a Texas Pollutant Discharge Elimination System (TPDES) Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 11 individual permit as a medium or large municipal separate storm sewer system, as defined in 40 CFR §§122.26(b)(4) and (b)(7). This term includes systems similar to separate storm sewer systems at military bases, large hospitals or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains associated with certain municipal offices and education facilities serving a nonresidential population, where those storm drains do not function as a system, and where the buildings are not physically interconnected to a small MS4 that is also operated by that public entity. 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 a large construction or a small construction activity. Stormwater Management Program (SWMP) - A comprehensive program to manage the quality of discharges from the municipal separate storm sewer system. 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 - 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 (from the mean high water mark (MHWM) out 10.36 miles into the Gulf), 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; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Traditional Small MS4 - A small MS4 that can pass ordinances and have the enforcement authority to enforce the stormwater management program. An example of traditional MS4s includes cities. Urbanized Area (UA) - An area of high population density that may include multiple small MS4s as defined and used by the U.S. Census Bureau in the 2000 and the 2010 Decennial Census. Waters of the United States - (According to 40 CFR § 122.2) Waters of the United States or waters of the U.S. means: (a) 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; (b) All interstate waters, including interstate wetlands; Small MS4 General Permit TPDES General Permit TXR040000 Part I Page 12 (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA are not waters of the U.S. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the U.S. (such as disposal area in wetlands) nor resulted from the impoundment of waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area’s status as prior converted cropland by any other federal agency, for the purposes of the CWA, the final authority regarding the CWA jurisdiction remains with the EPA. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section A Page 13 Part II. Permit Applicability and Coverage This general permit provides authorization for stormwater and certain non-stormwater discharges from small municipal separate storm sewer systems (MS4) to surface water in the state. The general permit contains requirements applicable to all small MS4s that are eligible for coverage under this general permit. Section A. Small MS4s Eligible for Authorization under this General Permit Discharges from a small MS4 must be authorized if any of the following criteria are met and may be authorized under this general permit if coverage is not otherwise prohibited. 1. Small MS4s Located in an Urbanized Area Operators of small MS4s that are fully or partially located within an urbanized area (UA), as determined by the 2000 or 2010 Decennial Censuses by the U.S. Census Bureau, must obtain authorization for the discharge of stormwater runoff and are eligible for coverage under this general permit unless otherwise prohibited. 2. Designated Small MS4s A small MS4 that is outside an urbanized area that is designated by TCEQ based on evaluation criteria as required by 40 CFR § 122.32(a)(2) or 40 CFR § 122.26(a)(1)(v) and adopted by reference in Title 30, TAC § 281.25, is eligible for coverage under this general permit. Following designation, operators of small MS4s must obtain authorization under this general permit or apply for coverage under an individual TPDES stormwater permit within 180 days of notification of their designation. 3. Operators of Previously Permitted Small MS4s Operators of small MS4s that were covered under the previous TPDES general permit for small MS4s (TXR040000, issued and effective on December 13, 2013) must reapply for permit coverage, or must obtain a waiver if applicable (see Part II.B, related to Obtaining a Waiver.) 4. Regulated Portion of Small MS4 The portion of the small MS4 that is required to meet the conditions of this general permit are those portions that are located within the UA as defined and used by the U.S. Census Bureau in the 2000 or 2010 Censuses, as well as any portion of the small MS4 that is designated by TCEQ. For the purpose of this permit, the regulated portion of a small MS4 for a transportation entity is the land owned by the permittee within the UA which functions as, or is integral to a transportation system with drainage conveyance. Non-contiguous property that does not drain into the transportation drainage system is not subject to this general permit. 5. Categories of Regulated Small MS4s This permit defines MS4 operators by the following categories, or levels, based on the population served within the 2010 UA. The level of a small MS4 may change during the permit term based on the MS4 operator acquiring or giving up regulated area, such as by annexing land or if land is annexed away. However, the level of a small MS4 will not change during the permit term based on population fluctuation. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B Page 14 The level of an MS4 is based on most the recent Decennial Census at the time of permit issuance. A national Census held during a permit term will not affect the level of an MS4 until the next permit renewal. (a) Level 1: Operators of traditional small MS4s that serve a population of less than 10,000 within a UA; (b) Level 2: Operators of traditional small MS4s that serve a population of at least 10,000 but less than 40,000 within a UA. This category also includes all non-traditional small MS4s such as counties, drainage districts, transportation entities, military bases, universities, colleges, correctional institutions, municipal utility districts and other special districts regardless of population served within the UA, unless the non- traditional MS4 can demonstrate that it meets the criteria for a waiver from permit coverage based on the population served; (c) Level 3: Operators of traditional small MS4s that serve a population of at least 40,000 but less than 100,000 within a UA; (d) Level 4: Operators of traditional small MS4s that serve a population of 100,000 or more within a UA. For the purpose of this section “serve a population” means the residential population within the regulated portion of the small MS4 based on the 2010 Census, except for non-traditional small MS4s listed in (b) above. Section B. Available Waivers from Coverage The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria are met for Waiver Option 1 or 2 below. To obtain Waiver Option 1, the MS4 operator must submit the request on a waiver form provided by the executive director, or, starting from December 21, 2020, complete the form electronically via the online e- permitting system available through the TCEQ website. To obtain Waiver Option 2, the MS4 operator must contact the executive director and coordinate the activities required to meet the waiver conditions. A provisional waiver from permitting requirements begins 30 days after an administratively complete waiver form is postmarked for delivery to the TCEQ, or starting from December 21, 2020, complete the form electronically via the online e-permitting system available through the TCEQ website. Following review of the waiver form, the executive director may:(1) Determine that the waiver form is technically complete and approve the waiver by providing a notification and a waiver number; (2) Determine that the waiver form is incomplete and deny the waiver until a completed waiver form is submitted; or (3) Deny the waiver and require that permit coverage be obtained. If the conditions of a waiver are not met by the MS4 operator, then the MS4 operator must submit an application for coverage under this general permit or a separate TPDES permit application. At any time the TCEQ may require a previously waived MS4 operator to comply with this general permit or another TPDES permit if circumstances change so that the conditions of the waiver are no longer met. Changed circumstances can also allow a regulated MS4 operator to request a waiver at any time. At any time the TCEQ can request to review any waivers granted to MS4 operators to determine whether any of the information required for granting the waiver has changed. At Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section B Page 15 a minimum TCEQ will review all waivers when MS4 operators submit their renewal waiver applications. For the purpose of obtaining a waiver, the population served refers to the residential population for traditional small MS4s and for certain non-traditional small MS4s with a residential population (such as counties and municipal utility districts). For other non- traditional small MS4s, the population served refers to the number of people using the small MS4 on an average operational day. Effective December 21, 2020, applicants must submit a waiver using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization. 1. Waiver Option 1: The small MS4 serves a population of less than 1,000 within a UA and meets the following criteria: (a) The small MS4 is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES / TPDES stormwater program (40 CFR § 122.32(d)); and (b) If the small MS4 discharges any pollutant(s) that have been identified as a cause of impairment of any water body to which the small MS4 discharges, stormwater controls are not needed based on wasteload allocations that are part of an EPA approved or established TMDL that addresses the pollutant(s) of concern. 2. Waiver Option 2: The small MS4 serves a population under 10,000 within a UA and meets the following criteria: (a) The TCEQ has evaluated all waters of the U.S., including small streams, tributaries, lakes, and ponds, that receive a discharge from the small MS4; (b) For all such waters, the TCEQ has determined that stormwater controls are not needed based on wasteload allocations that are part of an approved or established TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutant(s) of concern; and (c) The TCEQ has determined that future discharges from the small MS4 do not have the potential to exceed Texas surface water quality standards, including impairment of designated uses, or other significant water quality impacts, including habitat and biological impacts. (d) For the purpose of this paragraph (2.), the pollutant(s) of concern include biochemical oxygen demand (BOD), sediment or a parameter that addresses sediment (such as total suspended solids, 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 the small MS4. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section C Page 16 Section C. Allowable Non-Stormwater Discharges The following non-stormwater sources may be discharged from the small MS4 and are not required to be addressed in the small MS4's Illicit Discharge and Detection or other minimum control measures, unless they are determined by the permittee or the TCEQ to be significant contributors of pollutants to the small MS4, or they are otherwise prohibited by the MS4 operator: 1. Water line flushing (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); 2. Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing potable water, groundwater, or surface water sources; 3. Discharges from potable water sources that do not violate Texas Surface Water Quality Standards; 4. Diverted stream flows; 5. Rising ground waters and springs; 6. Uncontaminated ground water infiltration; 7. Uncontaminated pumped ground water; 8. Foundation and footing drains; 9. Air conditioning condensation; 10. Water from crawl space pumps; 11. Individual residential vehicle washing; 12. Flows from wetlands and riparian habitats; 13. Dechlorinated swimming pool discharges that do not violate Texas Surface Water Quality Standards; 14. Street wash water excluding street sweeper waste water; 15. Discharges or flows from emergency fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); 16. Other allowable non-stormwater discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1); 17. Non-stormwater discharges that are specifically listed in the TPDES Multi Sector General Permit (MSGP) TXR050000 or the TPDES Construction General Permit (CGP) TXR150000; 18. Discharges that are authorized by a TPDES or NPDES permit or that are not required to be permitted; and 19. Other similar occasional incidental non-stormwater discharges such as spray park water, unless the TCEQ develops permits or regulations addressing these discharges. Section D. Limitations on Permit Coverage 1. Discharges Authorized by Another TPDES Permit Discharges authorized by an individual or other general TPDES permit may be authorized under this TPDES general permit only if the following conditions are met: Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 17 (a) The discharges meet the applicability and eligibility requirements for coverage under this general permit; (b) A previous application or permit for the discharges has not been denied, terminated, or revoked by the executive director as a result of enforcement or water quality related concerns. The executive director may provide a waiver to this provision based on new circumstances at the regulated small MS4; and (c) The executive director has not determined that continued coverage under an individual permit is required based on consideration of an approved total maximum daily loading (TMDL) model and implementation plan, anti-backsliding policy, history of substantive non-compliance or other 30 TAC Chapter 205 considerations and requirements, or other site-specific considerations. 2. Discharges of Stormwater Mixed with Non-Stormwater Stormwater discharges that combine with sources of non-stormwater are not eligible for coverage by this general permit, unless either the non-stormwater source is described in Part II.C of this general permit or the non-stormwater source is authorized under a separate TPDES permit. 3. Compliance with Water Quality Standards Discharges to surface water in the state that would cause, has the reasonable potential to cause, or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses are not eligible for coverage under this general permit except as described in Part II.D.4 below. The executive director may require an application for an individual permit or alternative general permit to authorize discharges to surface water in the state if the executive director determines that an activity will cause has the reasonable potential to cause, or contribute to, a violation of water quality standards or is found to cause, have the reasonable potential to cause, or contribute to the impairment of a designated use of surface water in the state. The executive director may also require an application for an individual permit based on factors described in Part II.F.2. 4. Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements Discharges of the pollutant(s) of concern to impaired water bodies for which there is a TCEQ and EPA approved TMDL are not eligible for this general permit unless they are consistent with the approved TMDL. A water body is impaired for purposes of the permit if it has been identified, pursuant to the latest TCEQ and EPA approved CWA §303(d) list or the Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies, as not meeting Texas Surface Water Quality Standards. The permittee shall check annually, in conjunction with preparation of the annual report, whether an impaired water within its permitted area has been added to the latest EPA approved 303(d) list or the Texas Integrated Report of Surface Water Quality for CWA Sections 305(b) and 303(d) which lists the category 4 and 5 water bodies. Within two years following the approval date of the new list(s) of impaired waters, the permittee shall comply with the requirements of Part II.D.4.(b) (with the exception of (b)(1)c), and shall identify any newly listed waters in the annual report (consistent with Part IV.B.2.f) and SWMP (consistent with Part III.A.2.f). Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 18 The permittee shall control the discharges of pollutant(s) of concern to impaired waters and waters with approved TMDLs as provided in sections (a) and (b) below, and shall assess the progress in controlling those pollutants. (a) Discharges to Water Quality Impaired Water Bodies with an Approved TMDL If the small MS4 discharges to an impaired water body with an approved TMDL, where stormwater has the potential to cause or contribute to the impairment, the permittee shall include in the SWMP controls targeting the pollutant(s) of concern along with any additional or modified controls required in the TMDL and this section. The SWMP and required annual reports must include information on implementing any targeted controls required to reduce the pollutant(s) of concern as described below: (1) Targeted Controls The SWMP must include a detailed description of all targeted controls to be implemented, such as identifying areas of focused effort or implementing additional Best Management Practices (BMPs) to reduce the pollutant(s) of concern in the impaired waters. (2) Measurable Goals For each targeted control, the SWMP must include a measurable goal and an implementation schedule describing BMPs to be implemented during each year of the permit term. (3) Identification of Benchmarks The SWMP must identify a benchmark for the pollutant(s) of concern. Benchmarks are designed to assist in determining if the BMPs established are effective in addressing the pollutant(s) of concern in stormwater discharge(s) from the MS4 to the maximum extent practicable (MEP). The BMPs addressing the pollutant of concern must be re-evaluated on an annual basis for progress towards the benchmarks and modified as necessary within an adaptive management framework. These benchmarks are not numeric effluent limitations or permit conditions but intended to be guidelines for evaluating progress towards reducing pollutant discharges consistent with the benchmarks. The exceedance of a benchmark is not a permit violation and does not in itself indicate a violation of instream water quality standards. The benchmark must be determined based on one of the following options: a. If the MS4 is subject to a TMDL that identifies a Waste Load Allocation(s) (WLA) for permitted MS4 stormwater sources, then the SWMP may identify it as the benchmark. Where an aggregate allocation is used as a benchmark, all affected MS4 operators are jointly responsible for progress in meeting the benchmark and shall (jointly or individually) develop a monitoring/assessment plan as required in Part II.D.4(a)(6). b. Alternatively, if multiple small MS4s are discharging into the same impaired water body with an approved TMDL, with an aggregate WLA for all permitted stormwater MS4s, then the MS4s may combine or share efforts to determine an alternative sub-benchmark value for the pollutant(s) of concern (e.g., bacteria) for their respective MS4. The SWMP must clearly define this alternative approach and must describe how the sub-benchmark value would cumulatively support the aggregate WLA. Where an aggregate benchmark has Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 19 been broken into sub-benchmark values for individual MS4s, each permittee is only responsible for progress in meeting its sub-benchmark value. (4) Annual Report The annual report must include an analysis of how the selected BMPs will be effective in contributing to achieving the benchmark value. (5) Impairment for Bacteria If the pollutant of concern is bacteria, the permittee shall implement BMPs addressing the below areas, as applicable, in the SWMP and implement as appropriate. If a TMDL Implementation Plan (I-Plan) is available, the permittee may refer to the I-Plan for appropriate BMPs. The SWMP and annual report must include the selected BMPs. Permitees may not exclude BMPs associated with the minimum control measures required under 40 CFR §122.34 from their list of proposed BMPs. Proposed BMPs will be reviewed by the executive director during the NOI and SWMP review and approval process. The BMPs shall, as appropriate, address the following: a. Sanitary Sewer Systems (i) Make improvements to sanitary sewers to reduce overflows; (ii) Address lift station inadequacies; (iii) Improve reporting of overflows; and (iv) Strengthen sanitary sewer use requirements to reduce blockage from fats, oils, and grease. b. On-site Sewage Facilities (for entities with appropriate jurisdiction) (i) Identify and address failing systems; and (ii) Address inadequate maintenance of On-Site Sewage Facilities (OSSFs). c. Illicit Discharges and Dumping Place additional effort to reduce waste sources of bacteria; for example, from septic systems, grease traps, and grit traps. d. Animal Sources Expand existing management programs to identify and target animal sources such as zoos, pet waste, and horse stables. e. Residential Education Increase focus to educate residents on: (i) Bacteria discharging from a residential site either during runoff events or directly; (ii) Fats, oils, and grease clogging sanitary sewer lines and resulting overflows; (iii) Maintenance and operation of decorative ponds; and (iv) Proper disposal of pet waste. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 20 (6) Monitoring or Assessment of Progress The permittee shall develop a Monitoring/Assessment Plan to monitor or assess progress in achieving benchmarks and determine the effectiveness of BMPs, and shall include documentation of this monitoring or assessment in the SWMP and annual reports. In addition, the SWMP must include methods to be used. a. The permittee may use either of the following methods to evaluate progress towards the benchmark and improvements in water quality in achieving the water quality standards as follows: (i) Evaluating Program Implementation Measures The permittee may evaluate and report progress towards the benchmark by describing the activities and BMPs implemented, by identifying the appropriateness of the identified BMPs, and by evaluating the success of implementing the measurable goals. The permittee may assess progress by using program implementation indicators such as: (1) number of sources identified or eliminated; (2) decrease in number of illegal dumping; (3) increase in illegal dumping reporting; (4) number of educational opportunities conducted; (5) reductions in sanitary sewer flows (SSOs); or, (6) increase in illegal discharge detection through dry screening, etc.; or (ii) Assessing Improvements in Water Quality The permittee may assess improvements in water quality by using available data for segment and assessment units of water bodies from other reliable sources, or by proposing and justifying a different approach such as collecting additional instream or outfall monitoring data, etc. Data may be acquired from TCEQ, local river authorities, partnerships, and/or other local efforts as appropriate. b. Progress towards achieving the benchmark shall be reported in the annual report. Annual reports shall report the benchmark and the year(s) during the permit term that the MS4 conducted additional sampling or other assessment activities. (7) Observing no Progress Towards the Benchmark If, by the end of the third year from the effective date of the permit, the permittee observes no progress toward the benchmark either from program implementation or water quality assessments as described in Part II.D.4(a)(6), the permittee shall identify alternative focused BMPs that address new or increased efforts towards the benchmark or, as appropriate, shall develop a new approach to identify the most significant sources of the pollutant(s) of concern and shall develop alternative focused BMPs for those (this may also include information that identifies issues beyond the MS4’s control). These revised BMPs must be included in the SWMP and subsequent annual reports. Where the permittee originally used a benchmark value based on an aggregated WLA, the permittee may combine or share efforts with other MS4s discharging to the same watershed to determine an alternative sub-benchmark value for the pollutant(s) of concern for their respective MS4s, as described in Part II.D.4(a)(3)(b) above. Permittees must document, in their SWMP for the next permit term, the proposed schedule for the development and subsequent adoption Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 21 of alternative sub-benchmark value(s) for the pollutant(s) of concern for their respective MS4s and associated assessment of progress in meeting those individual benchmarks. (b) Discharges Directly to Water Quality Impaired Water Bodies without an Approved TMDL The permittee shall also determine whether the permitted discharge is directly to one or more water quality impaired water bodies where a TMDL has not yet been approved by TCEQ and EPA. If the permittee discharges directly into an impaired water body without an approved TMDL, the permittee shall perform the following activities: (1) Discharging a Pollutant of Concern a. The permittee shall determine whether the small MS4 may be a source of the pollutant(s) of concern by referring to the CWA §303(d) list and then determining if discharges from the MS4 would be likely to contain the pollutant(s) of concern at levels of concern. b. If the permittee determines that the small MS4 may discharge the pollutant(s) of concern to an impaired water body without an approved TMDL, the permittee shall ensure that the SWMP includes focused BMPs, along with corresponding measurable goals, that the permittee will implement, to reduce, the discharge of pollutant(s) of concern that contribute to the impairment of the water body. c. In addition, the permittee shall submit an NOC to amend the SWMP in accordance with Part II.E.6 to include any additional BMPs to address the pollutant(s) of concern. This requirement does not apply to BMPs implemented to address impaired waters that are listed after permit authorization pursuant to Part II.D.4. (2) Impairment of Bacteria Where the impairment is for bacteria, the permittee shall identify potential significant sources and develop and implement focused BMPs for those sources. The permittee may implement the BMPs listed in Part II.D.4(a)(5) or proposed alternative BMPs as appropriate. (3) The annual report must include information on compliance with this section, including results of any sampling conducted by the permittee. 5. Discharges to the Edwards Aquifer Recharge Zone Discharges of stormwater from regulated small MS4s, and other non-stormwater discharges, are not authorized by this general permit where those discharges are prohibited by 30 TAC Chapter 213 (Edwards Aquifer Rule). New discharges located within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge zone and defined as the Contributing Zone, must meet all applicable requirements of, and operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in addition to the provisions and requirements of this general permit. For existing discharges, the requirements of the agency-approved Water Pollution Abatement Plan (WPAP) under the Edwards Aquifer Rule are in addition to the requirements of this general permit. BMPs and maintenance schedules for structural stormwater controls, for example, may be required as a provision of the rule. All applicable requirements of the Edwards Aquifer Rule for reductions of suspended solids in stormwater Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section D Page 22 runoff are in addition to the effluent limitation requirements found in Part VI.D. of this general permit. The permittee’s agency-approved WPAPs that are required by the Edwards Aquifer Rule must be referenced in the SWMP. Additional agency-approved WPAPs received after the SWMP submittal must be recorded in the annual report for each respective permit year. For discharges originating from the small MS4 permitted area, and located on or within ten stream miles upstream of the Edwards Aquifer recharge zone, applicants must also submit a copy of the MS4 NOI to the appropriate TCEQ Regional Office with each WPAP application. Counties: Comal, Bexar, Medina, Uvalde, and Kinney Contact: TCEQ, Water Program Manager San Antonio Regional Office 14250 Judson Road San Antonio, Texas 78233-4480 (210) 490-3096 Counties: Williamson, Travis, and Hays Contact: TCEQ, Water Program Manager Austin Regional Office 12100 Park 35 Circle, Bldg. A, Rm 179 Austin, Texas 78753 (512) 339-2929 6. Discharges to Specific Watersheds and Water Quality Areas Discharges of stormwater from regulated small MS4s and other non-stormwater discharges are not authorized by this general permit where prohibited by 30 TAC Chapter 311 (relating to Watershed Protection) for water quality areas and watersheds. 7. Protection of Streams and Watersheds by Home Rule Municipalities This general permit does not limit the authority of a home-rule municipality provided by Texas Local Government Code § 401.002. 8. Indian Country Lands Stormwater runoff from small MS4s that occur on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit. If discharges of stormwater require authorization under federal NPDES regulations, authority for these discharges must be obtained from the U.S. EPA. 9. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened species or its critical habitat are not authorized by this permit. Federal requirements related to endangered species apply to all TPDES permitted discharges, and site-specific controls may Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 23 be required to ensure that protection of endangered or threatened species is achieved. If a permittee has concerns over potential impacts to listed species, the permittee shall contact TCEQ for additional information prior to submittal of the NOI and SWMP. If adverse impact is determined after submittal of the NOI and SWMP or after permit issuance, the permittee shall contact TCEQ immediately to determine corrective action and potential modification to the MS4’s permit. 10. Other Nothing in Part II of the general permit is intended to negate any person’s ability to assert the force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30 TAC § 70.7. This permit does not transfer liability for the act of discharging without, or in violation of, a NPDES or a TPDES permit from the operator of the discharge to the permittee(s). Section E. Obtaining Authorization 1. Application for Coverage When submitting a notice of intent (NOI) and SWMP, for coverage under this general permit, as described in Parts II.E.3., II.E.8, and Part III, the applicant must follow the public notice and availability requirements found in Part II.E.16 of this general permit. Applicants seeking authorization to discharge under this general permit must submit a completed NOI on a form approved by the executive director, and a SWMP as described in Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division, at the address specified on the form or starting from December 21, 2020, must be submitted electronically via the online e-permitting system available through the TCEQ website. Following review of the NOI and SWMP, the executive director may determine that: 1) The submission is complete and the NOI and SWMP are approved, 2) The NOI or SWMP are incomplete and deny coverage and require that a new complete NOI and SWMP be submitted, 3) Approve the NOI and SWMP with revisions and provide a written description of the required revisions along with any compliance schedule(s), or 4) Deny coverage and provide a deadline by which the MS4 operator must submit an application for an individual permit. Where the executive director approves the submittal, either with or without changes, the applicant must then carry out the public participation provisions in Part II.E.12. Following the completion of the public participation process, the applicant is authorized to discharge upon notification by TCEQ, at which point the permittee is subject to the terms of this permit and the approved terms of the SWMP. Denial of coverage under this general permit is subject to the requirements of 30 TAC § 205.4(c). Application deadlines are as follows: (a) Small MS4s Located in a 2000 or 2010 UA (Previously regulated Small MS4s) Operators of small MS4s described in Part II.A.1 that were required to obtain authorization under the 2013 TPDES General Permit TXR040000 based on the 2000 and 2010 UA maps shall submit an NOI and SWMP within 180 days following the effective date of this general permit. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 24 (b) Designated Small MS4s Following designation, operators of small MS4s described in Part II.A.2 shall submit an NOI and SWMP, or apply for coverage under an individual TPDES stormwater permit, within 180 days of being notified in writing by the TCEQ of the need to obtain permit coverage. (c) Individual Permit Alternative If an operator of a small MS4 described in Part II.A.1. of this general permit elects to apply for an individual permit, the application must be submitted within 90 days following the effective date of this general permit. Effective December 21, 2020, the NOI and the SWMP must be submitted using the online e- permitting system available through the TCEQ website, unless the permittee requests and obtains an electronic reporting waiver. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 2. Late Submission of the NOI and SWMP Operators are not prohibited from submitting an NOI and SWMP after the deadlines provided. If a late NOI and SWMP are submitted, then this general permit provides authorization only for discharges that occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate enforcement actions for any unpermitted discharges. 3. SWMP General Requirements A SWMP must be developed and submitted with the NOI for eligible discharges that will reach waters of the U.S., including discharges from the regulated small MS4 to other MS4s or to privately-owned separate storm sewer systems that subsequently drain to waters of the U.S., according to the requirements of Part III of this general permit. The SWMP must include, as appropriate, the months and years in which the permittee will undertake required actions, including interim milestones and the frequency of the action throughout the permit term. New elements in the program must be completely implemented within five years of the effective date of this general permit, or within five years of being designated for those small MS4s which are designated following permit issuance. Previously regulated MS4s shall assess existing program elements set forth in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. 4. SWMP Review The permittee shall participate in an annual review of its SWMP in conjunction with preparation of the annual report required in Part IV.B.2. Results of the review shall be documented in the annual report. 5. SWMP Updates Required by TCEQ Changes may be made to the SWMP during the permit term. The TCEQ may notify the permittee of the need to modify the SWMP to be consistent with the general permit, in which case the permittee will have 90 days to finalize such changes to the SWMP. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 25 6. SWMP Updates Changes that are made to the SWMP before the NOI is approved by the TCEQ must be submitted in a letter providing supplemental information to the NOI. Changes to the SWMP that are made after TCEQ approval of the NOI and SWMP may be made by submittal and approval of a notice of change (NOC) unless the changes are non- substantial and do not change terms and conditions in the SWMP. Changes may be made as follows: (a) Changes that do not require an NOC The following changes may be implemented without submitting an NOC form. The changes may be made immediately following revision of the SWMP: (1) Adding (but not subtracting or replacing) components, controls, or requirements to the SWMP; (2) Adding areas such as by annexing land, or otherwise acquire additional land that expands the boundary of the MS4, or subtracting areas, such as by de-annexing lands; (3) Adding impaired water bodies that are identified pursuant to Part II.D.4; and (4) Minor modifications to the SWMP that include administrative or non-substantial changes as follows: a. A change in personnel, or a reorganization of departments responsible for implementing the SWMP; b. Minor clarifications to the existing BMPs; c. Correction of typographical errors; d. Other similar administrative or non-substantive comments. (b) Changes that require an NOC Modifications to the SWMP that include the following changes require submittal of an NOC along with those portions of the SWMP that are applicable to the change(s). The changes may be implemented once the permittee receives approval of the NOC. (1) Replacing a less effective or infeasible BMP specifically identified in the SWMP with an alternative BMP, (for example, replacing a structural BMP with a non- structural BMP would be considered a replacement). The SWMP update must include documentation of the following: a. An analysis of why the BMP is ineffective or infeasible (including cost prohibitive); b. Expectations of the effectiveness of the replacement BMP; and c. An analysis of why the replacement BMP is expected to achieve the goals of the BMP to be replaced; (2) Requirement for more frequent monitoring or reporting by the permittee; and Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 26 (3) Interim compliance date change in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement. (c) Changes that require an NOC and Public Notice All other modifications that changes permit terms and conditions must be submitted on an NOC form along with those portions of the SWMP that are applicable to the changes. The changes may only be implemented following public notice and written approval by TCEQ. (1) After receiving an NOC, the TCEQ evaluates if the requested change(s) can be approved and might request additional information from the permittee during the review process. If the request can be approved, the MS4 is required to post the notice of the Executive Director’s preliminary determination of the NOC and the revised terms of the SWMP on the MS4’s website. If the MS4 does not have a website, the MS4 must notify TCEQ and TCEQ will post the notice on the TCEQ website at https://www.tceq.texas.gov/. (2) The public comment period begins on the first day the notice is posted on the MS4 or the TCEQ website and ends 30 days later. If the 30th calendar day falls on a date that TCEQ is not open for business, then the public comment period is extended until 5 pm on the next TCEQ business day. If there is a decision to hold a public meeting, then the public comment period will continue until the public meeting has been held. The public may submit comments regarding the proposed changes to the TCEQ Water Quality Division. (3) The Executive Director will hold a public meeting (equivalent to a “public hearing” as required by 40 CFR §122.28(d)(2)(ii)) if it is determined there is significant public interest. The Executive Director will post a notice of the public meeting on the TCEQ website at https://www.tceq.texas.gov/. The notice of a public meeting will be posted at least 30 days before the meeting and will be held in the county where the MS4 is located or primarily located. TCEQ staff will facilitate the meeting and provide a sign in sheet for attendees to register their names and addresses. The public meeting held under this general permit is not an evidentiary proceeding. If a public meeting is held, the comment period will end at the conclusion of the public meeting. (4) The Executive Director, after considering public comment, shall incorporate the NOC changes into the SWMP. Once the revised terms are incorporated into the SWMP, the Executive Director will notify the permittee and the public on the revised terms and conditions of the SWMP. 7. Transfer of Ownership, Operational Authority, or Responsibility for SWMP Implementation The permitte shall implement the SWMP: (a) On all new areas added to its portion of the MS4 (or where the permittee becomes responsible for implementation of stormwater quality controls) as expeditiously as possible, but no later than three (3) years from addition of the new area. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 27 Implementation may be accomplished in a phased manner to allow additional time for controls that cannot be implemented immediately. (b) Within ninety (90) days of a transfer of ownership, operational authority, or responsibility for SWMP implementation, the permittee shall have a plan for implementing the SWMP in all affected areas. The plan must include schedules for implementation, and information on all new annexed areas. Any resulting updates required to the SWMP shall be submitted in the annual report. 8. Contents of the NOI The NOI must contain the following minimum information: (a) MS4 Operator Information (1) The name, mailing address, electronic mail (email) address, telephone number, and facsimile (fax) number of the MS4 operator; and (2) The legal status of the MS4 operator (for example, federal government, state government, county government, city government, or other government). (b) Site Information (1) The name, physical location description, and latitude and longitude of the approximate center of the regulated portion of the small MS4; (2) County or counties where the small MS4 is located; (3) An indication if all or a portion of the small MS4 is located on Indian Country Lands; (4) The name, mailing address, telephone number, email (if available) and fax number of the designated person(s) responsible for implementing or coordinating implementation of the SWMP; (5) A signature and certification on the NOI, according to 30 TAC § 305.44, that a SWMP has been developed according to the provisions of this permit; (6) A statement that the applicant will comply with the Public Participation requirements described in Part II.E.12.; (7) The name of each classified segment that receives discharges, directly or indirectly, from the small MS4. If one or more of the discharge(s) is not directly to a classified segment, then the name of the first classified segment that those discharges reach must be identified; (8) The name of any MS4 receiving the discharge prior to discharge into waters of the U.S.; (9) The name of all surface water(s) receiving discharges from the small MS4 that are on the latest EPA-approved CWA § 303(d) list of impaired waters; (10) An indication of whether the small MS4 discharges within the Recharge Zone, the Contributing Zone or the Contributing Zone within the Transition Zone of the Edwards Aquifer; and (11) Any other information deemed necessary by the executive director. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 28 9. Notice of Change (NOC) If the MS4 operator becomes aware that it failed to submit any relevant facts, or submitted incorrect information in the NOI, the correct information must be provided to the executive director in an NOC within 30 days after discovery. If any information provided in the NOI changes, an NOC must be submitted within 30 days from the time the permittee becomes aware of the change. Any revisions that are made to the SWMP must be made in accordance with Parts II.E.4 through 6. Changes that are made to the SWMP following NOI approval must be made using an NOC form, in accordance with Part II.E.6. Effective December 21, 2020, applicants must submit an NOC using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ. Waivers from electronic reporting reporting are not transferrable and expire on the same date as the authorization to discharge. 10. Change in Operational Control of a Small MS4 If the operational control of the regulated small MS4 changes, the previous operator must submit a Notice of Termination (NOT) and the new operator must submit an NOI and SWMP. The NOT and NOI must be submitted concurrently not more than ten (10) calendar days after the change occurs. Existing permittees who are expanding coverage of their MS4 area (e.g., city annexes part of unincorporated county MS4) are not required to submit a new NOI, but must comply with Part II.E.7. 11. Notice of Termination (NOT) A permittee may terminate coverage under this general permit by providing a Notice of Termination (NOT) on a form approved by the executive director. Authorization to discharge terminates at midnight on the day that an NOT is postmarked for delivery to the TCEQ, or immediately following confirmation of receipt of the electronic NOT form by the TCEQ. A NOT must be submitted within 30 days after the MS4 operator obtains coverage under an individual permit. Effective December 21, 2020, applicants must submit an NOT using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 12. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC § 305.44(a) and (b) (relating to Signatories to Applications). 13. Fees An application fee of $ 400.00 must be submitted with each NOI. A fee is not required for submission of a waiver form, an NOT, or an NOC. A permittee authorized under this general permit must pay an annual Water Quality fee of $100.00 under TWC § 26.0291 and 30 TAC Chapter 205 (relating to General Permits for Waste Discharges). Effective December 21, 2020, applicants seeking coverage under an NOI or a waiver must submit their application electronically using the online e-permitting system available through the TCEQ website, or request and obtain a waiver from electronic reporting from Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 29 the TCEQ. Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 14. Permit Expiration (a) This general permit is effective for five (5) years from the permit effective date. Authorizations for discharge under the provisions of this general permit will continue until the expiration date of the general permit. This general permit may be amended, revoked, or canceled by the commission or renewed by the TCEQ for an additional term not to exceed five (5) years. (b) If the executive director proposes to reissue this general permit before the expiration date, the general permit will remain in effect until the date on which the commission takes final action on the proposal to reissue this general permit. For existing permittees, general permit coverage will remain in effect after the expiration date of the existing general permit, in accordance with 30 TAC, Chapter 205. No new NOIs will be accepted and no new authorizations will be processed under the general permit after the expiration date. (c) Following issuance of a renewed or amended general permit, all permittees, including those covered under the expired general permit, may be required to submit an NOI according to the requirements of the new general permit or to obtain a TPDES individual permit for those discharges. The renewed permit will include a deadline to apply for coverage, and authorization for existing permittees will be automatically extended until the deadline to apply for coverage, or until an application is submitted for renewal, whichever occurs first. (d) If the TCEQ does not propose to reissue this general permit within 90 days before the expiration date, permittees must apply for authorization under a TPDES individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date of this general permit, authorization under this expiring general permit remains in effect until the issuance or denial of an individual permit. 15. Suspension of Permit Coverage The executive director may suspend an authorization under this general permit for the reasons specified in 30 TAC § 205.4(d) by providing the discharger with written notice of the decision to suspend that authority, and the written notice will include a brief statement of the basis for the decision. If the decision requires an application for an individual permit or an alternative general permit, the written notice will also include a statement establishing the deadline for submitting an application. The written notice will state that the authorization under this general permit is either suspended on the effective date of the commission's action on the permit application, unless the commission expressly provides otherwise, or immediately, if required by the executive director. 16. Public Notice Process for NOI submittal An applicant under this general permit shall adhere to the following procedures: (a) The applicant shall submit an NOI and SWMP to the executive director. The SWMP must include information about: (1) BMPs the applicant will implement for each of the six MCMs and program elements pursuant to Part II.D (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements), as appropriate; Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section E Page 30 (2) The measurable goals for each of the BMPs and program elements pursuant to Part II.D.4 (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements), including, as appropriate the months and years in which the applicant will take the required actions, including interim milestones and the frequency of the action; and (3) The person or persons responsible for implementing or coordinating the applicants SWMP. (b) After the applicant receives written instructions from the TCEQ’s Office of Chief Clerk, the applicant must publish notice of the executive director’s preliminary decision on the NOI and SWMP. (c) The notice will include the following information, at a minimum: (1) The legal name of the MS4 operator; (2) Indication of whether the NOI is for a new authorization or is a renewal of an existing authorization; (3) The address of the applicant; (4) A brief summary of the information included in the NOI, such as the general location of the small MS4 and a description of the classified receiving waters that receive the discharges from the small MS4; (5) The location and mailing address where the public may provide comments to the TCEQ; (6) The public location where copies of the NOI and SWMP, as well as the executive director's general permit and fact sheet, may be reviewed; and (7) If required by the executive director, the date, time, and location of the public meeting. (d) This notice must be published at least once in a newspaper of general circulation in the municipality or county where the small MS4 is located. If the small MS4 is located in multiple municipalities or counties, the notice must be published at least once in a newspaper of general circulation in the municipality or county containing the largest resident population for the regulated portion of the small MS4. This notice must provide opportunity for the public to submit comments on the NOI and SWMP. In addition, the notice must allow the public to request a public meeting. A public meeting (equivalent to a “public hearing” as required by 40 CFR §122.28(d)(2)(ii)) will be held if the TCEQ determines that there is significant public interest. (e) The public comment period begins on the first date the notice is published and lasts for at least 30 days. If a public meeting is held, the comment period will end at the closing of the public meeting (see paragraph (f) below). The public may submit written comments to the TCEQ Office of Chief Clerk during the comment period detailing how the NOI or SWMP for the small MS4 fails to meet the technical requirements or conditions of this general permit. (f) If significant public interest exists, the executive director will direct the applicant to publish a notice of the public meeting and to hold the public meeting. The applicant shall publish notice of a public meeting at least 30 days before the meeting and hold the public meeting in a county where the small MS4 is located. TCEQ staff will facilitate the meeting. Small MS4 General Permit TPDES General Permit TXR040000 Part II, Section F Page 31 (g) If a public meeting is held, the applicant shall describe the contents of the NOI and SWMP. The applicant shall also provide maps and other data on the small MS4. The applicant shall provide a sign in sheet for attendees to register their names and addresses and furnish the sheet to the executive director. A public meeting held under this general permit is not an evidentiary proceeding. (h) The applicant shall file with the Chief Clerk a copy and an affidavit of the publication of notice(s) within 60 days of receiving the written instructions from the Chief Clerk. (i) The executive director, after considering public comment, will either approve, approve with conditions, or deny the NOI based on whether the NOI and SWMP meet the requirements of this general permit. (j) Persons whose names and addresses appear legibly on the sign-in sheet from the public meeting and persons who submitted written comments to the TCEQ will be notified by the TCEQ’s Office of Chief Clerk of the executive director’s decision regarding the authorization. Section F. Permitting Options 1. Authorization Under the General Permit An operator of a small MS4 is required to obtain authorization either under this general permit, or under an individual TPDES permit if it is located in a UA or designated by the TCEQ. Multiple small MS4s with separate operators must individually submit an NOI to obtain coverage under this general permit, regardless of whether the systems are physically interconnected, located in the same UA, or are located in the same watershed. Each regulated small MS4 will be issued a distinct permit number. These MS4 operators may combine or share efforts in meeting any or all of the SWMP requirements stated in Part III of this general permit. MS4 operators that share SWMP development and implementation responsibilities must meet the following conditions: (a) Participants The SWMP must clearly list the name and permit number for each MS4 operator that chooses to contribute to development or implementation of the SWMP, and provide written confirmation that the contributing MS4 operator has agreed to contribute. If a contributing small MS4 has submitted a NOI and SWMP to TCEQ, but has not yet received written notification of approval, along with the accompanying permit authorization number, a copy of the submitted NOI form must be made readily available or be included in the SWMP. (b) Responsibilities Each permittee is entirely responsible for meeting SWMP requirements within the boundaries of its small MS4. Where a separate MS4 operator is contributing to implementation of the SWMP, the SWMP must clearly define each minimum control measure and the component(s) each entity agrees to implement, within which MS4 area(s) each entity agrees to implement and clearly identify the contributing MS4 operator. 2. Alternative Coverage under an Individual TPDES Permit An MS4 operator eligible for coverage under this general permit may alternatively be authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to Consolidated Permits). The executive director may require a MS4 operator, authorized by Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A Page 32 this general permit, to apply for an individual TPDES permit because of: the conditions of an approved TMDL or TMDL implementation plan; a history of substantive non- compliance; or other 30 TAC Chapter 205 considerations and requirements; or other site- specific considerations. The executive director shall deny or suspend a facility’s authorization for disposal under this general permit based on a rating of “unsatisfactory performer” according to commission rules in 30 TAC §60.3, Use of Compliance History. An applicant who owns or operates a facility classified as an “unsatisfactory performer” is entitled to a hearing before the commission prior to having its coverage denied or suspended, in accordance with TWC § 26.040(h). Part III. Stormwater Management Program (SWMP) To the extent allowable under state and local law, a SWMP must be developed, implemented, and enforced according to the requirements of Part III of this general permit for stormwater discharges that reach waters of the U.S., regardless of whether the discharge is conveyed through a separately operated storm sewer system. The SWMP must be developed, implemented, and enforced to reduce the discharge of pollutants from the small MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the CWA and the TWC. The SWMP must also be implemented and enforced in new MS4 areas added during the permit term. Implementation of appropriate BMPs for the new areas must occur in accordance with Part II.E.7. A permittee that implements BMPs consistent with the provisions of their permit and SWMP constitutes compliance with the standard of reducing pollutants to the MEP and will be deemed in compliance with Part III of this permit. This permit does not extend any compliance deadlines set forth in the previous permit effective December 13, 2013. Section A. Developing a Stormwater Management Program (SWMP) 1. SWMP Development and Schedule (a) Existing regulated small MS4s Permittees who were regulated under the previous TPDES general permit TXR040000, shall update and submit to the TCEQ an updated SWMP under this general permit along with the NOI for coverage. The NOI and SWMP are due within 180 days of the general permit effective date. The permittee shall continue to operate under the conditions of the previous permit and existing SWMP until the revised SWMP is approved. (b) Implementation of the SWMP Existing small MS4 operators shall ensure full implementation of any new elements in the revised SWMP as soon as practicable, but no later than five years from the permit effective date. Previously regulated MS4 operators shall continue to implement existing elements in the approved SWMPs until the revised SWMPs has been approved. Designated small MS4s must achieve full implementation of the SWMP as soon as practicable, but no later than five years from designation. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A Page 33 2. Content of the SWMP At a minimum, the permittee shall include the following information in its SWMP: (a) A description of Minimum Control Measures (MCM) with measureable goals, including, as appropriate, the months and years when the permittee will undertake required actions, including interim milestones and the frequency of the action for each MCM described in Part III, Section B. (b) A measurable goal that includes the development of ordinances or other regulatory mechanisms allowed by state, federal and local law, providing the legal authority necessary to implement and enforce the requirements of this permit, including information on any limitations to the legal authority; (c) The measurable goals selected by the permittee must be clear, specific, and measurable. (d) A summary of written procedures describing how the permittee will implement the provisions in Parts III and IV of this general permit. (e) A description of a program or a plan of compliance with the requirements in Part II.D.4. (relating to Impaired Water Bodies and Total Maximum Daily Load (TMDL) Requirements) (f) Identification of any impaired waters that have been added in accordance with Part II.D.4. 3. Legal Authority (a) Traditional small MS4s, such as cities (1) Within two years from the permit effective date, the permittee shall review and revise, if needed, its relevant ordinance(s) or other regulatory mechanism(s), or shall adopt a new ordinance(s) or other regulatory mechanism(s) that provide the permittee with adequate legal authority to control pollutant discharges into and from its small MS4 in order to meet the requirements of this general permit. (2) To be considered adequate, this legal authority must, at a minimum, address the following: a. Authority to prohibit illicit discharges and illicit connections; b. Authority to respond to and contain other releases – Control the discharge of spills, and prohibit dumping or disposal of materials other than stormwater into the small MS4; c. Authority to require compliance with conditions in the permittee’s ordinances, permits, contracts, or orders; d. Authority to require installation, implementation, and maintenance of control measures; e. Authority to receive and collect information, such as stormwater plans, inspection reports, and other information deemed necessary to assess compliance with this permit, from operators of construction sites, new or redeveloped land, and industrial and commercial facilities; f. Authority, as needed, to enter and inspect private property including facilities, equipment, practices, or operations related to stormwater discharges to the small MS4; Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section A Page 34 g. Authority to respond to non-compliance with BMPs required by the small MS4 consistent with their ordinances or other regulatory mechanism(s); h. Authority to assess penalties, including monetary, civil, or criminal penalties; and i. Ability to enter into interagency or interlocal agreements or other maintenance agreements, as necessary. (b) Non-traditional small MS4s, such as counties, drainage districts, transportation entities, municipal utility districts, military bases, prisons, and universities (1) Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the permittee shall exert enforcement authority as required by this general permit for its facilities, employees, contractors, and any other entity over which it has operational control within the portion of the UA under the jurisdiction of the permittee. For discharges from third party actions, the permittee shall perform inspections and exert enforcement authority to the MEP. (2) If the permittee does not have inspection or enforcement authority and is unable to meet the goals of this general permit through its own powers, then, unless otherwise stated in this general permit, the permittee shall perform the following actions in order to meet the goals of the permit: a. Enter into interlocal agreements with municipalities where the small MS4 is located. These interlocal agreements must state the extent to which the municipality will be responsible for inspections and enforcement authority in order to meet the conditions of this general permit; or, b. If it is not feasible for the permittee to enter into interlocal agreements, the permittee shall notify an adjacent MS4 operator with enforcement authority or the appropriate TCEQ Regional Office to report discharges or incidents that it cannot itself enforce against. In determining feasibility for entering into interlocal agreements, the permittee shall consider all factors, including, without limitations, financial considerations and the willingness of the municipalities in which the small MS4 is located. 4. Resources It is the permittee’s responsibility to ensure that it has adequate resources and funding to implement the requirements of this permit. 5. Effluent Limitations The controls and BMPs included in the SWMP constitute effluent limitations for the purposes of compliance with state rules. This includes the requirements of 30 TAC Chapter 319, Subchapter B, which lists the maximum allowable concentrations of hazardous metals for discharge to water in the state. 6. Enforcement Measures Permittees with enforcement authority (i.e. traditional small MS4s) shall develop a standard operating procedure (SOP) to respond to violations to the extent allowable under state and local law. When the permittee does not have enforcement authority over the violator, and the violations continue after violator has been notified by the permittee, or the source of the illicit discharge is outside the MS4’s boundary, the permittee shall notify either the adjacent MS4 operator with enforcement authority or the appropriate TCEQ Regional Office. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 35 Section B. Minimum Control Measures Operators of small MS4s seeking coverage under this general permit shall develop and implement a SWMP that includes the following six minimum control measures (MCMs), as applicable. All program elements must be implemented according to the schedule mentioned in Part III.A. All six MCMs apply to all MS4s regardless of their level as described in Part II.A.5. Specific program elements under each MCM shall be implemented by all MS4 operators, unless it is specifically stated that particular program elements only are applicable for certain levels of small MS4s. Permittees shall provide justification within the SWMP for any requirements that were not implemented because they were not feasible as described in each MCM. 1. Public Education, Outreach, and Involvement (a) Public Education and Outreach (1) All permittees shall develop, implement, and maintain a comprehensive stormwater education and outreach program to educate public employees, businesses, and the general public of hazards associated with the illegal discharges and improper disposal of waste and about the impact that stormwater discharges can have on local waterways, as well as the steps that the public can take to reduce pollutants in stormwater. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. The program must, at a minimum: a. Define the goals and objectives of the program based on high priority community-wide issues (for example, reduction of nitrogen in discharges from the small MS4, promoting previous techniques used in the small MS4, or improving the quality of discharges to the Edwards Aquifer); b. Identify the target audience(s); c. Develop or utilize appropriate educational materials, such as printed materials, billboard and mass transit advertisements, signage at select locations, radio advertisements, television advertisements, and websites; d. Determine cost effective and practical methods and procedures for distribution of materials. (2) Throughout the permit term, all permittees shall make the educational materials available to convey the program’s message to the target audience(s) at least annually. (3) If the permittee has a public website, the permittee shall post its SWMP and the annual reports required under Part IV.B.2. or a summary of the annual report on the permittee’s website. The SWMP must be posted no later than 30 days after the approval date, and the annual report no later than 30 days after the due date. (4) All permittees shall annually review and update the SWMP and MCM implementation procedures required by Part III.A.2., as necessary. Any changes Small MS4 General Permit TPDES Draft GP TXR040000 Part III, Section B Page 36 must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. (5) MS4 operators may partner with other MS4 operators to maximize the program and cost effectiveness of the required outreach. (b) Public Involvement All permittees shall involve the public, and, at minimum, comply with any state and local public notice requirements in the planning and implementation activities related to developing and implementing the SWMP, except that correctional facilities are not required to implement this portion of the MCM. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. At a minimum, all permittees shall: (1) Consider using public input (for example, the opportunity for public comment, or public meetings) in the implementation of the program; (2) Create opportunities for citizens to participate in the implementation of control measures, such as stream clean-ups, storm drain stenciling, volunteer monitoring, volunteer “Adopt-A-Highway” programs, and educational activities; (3) Ensure the public can easily find information about the SWMP. 2. Illicit Discharge Detection and Elimination (IDDE) (a) Program Development (1) All permittees shall develop, implement, and enforce a program to detect, investigate, and eliminate illicit discharges into the small MS4. The program must include a plan to detect and address non-stormwater discharges, including illegal dumping to the MS4 system. Existing permittees must assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of this permit term. (See also Part III.A.1(c). The Illicit Discharge Detection and Elimination (IDDE) program must include the following: a. An up-to-date MS4 map (see Part III.B.2.(c)(1)); b. Methods for informing and training MS4 field staff (see Part III.B.2.(c)(2)); c. Procedures for tracing the source of an illicit discharge (see Part III. B.2.(c)(5)); d. Procedures for removing the source of the illicit discharge (see Part III.B.2.(c)(5)); Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 37 e. For Level 2, 3 and 4 small MS4s, if applicable, procedures to prevent and correct any leaking on-site sewage disposal systems that discharge into the small MS4; f. For Level 4 small MS4s, procedures for identifying priority areas within the small MS4 likely to have illicit discharges, and a list of all such areas identified in the small MS4 (see Part III.B.2.(e)(1)); g. For Level 4 small MS4s, field screening to detect illicit discharges (see Part III.B.2.(e)(2)); and h. For Level 4 small MS4s, procedures to reduce the discharge of floatables in the MS4. (see Part III.B.2.(e)(3).) (2) For non-traditional small MS4s, if illicit connections or illicit discharges are observed related to another operator’s MS4, the permittee shall notify the other MS4 operator within 48 hours of discovery. If notification to the other MS4 operator is not practicable, then the permittee shall notify the appropriate TCEQ Regional Office of the possible illicit connection or illicit discharge. (3) If another MS4 operator notifies the permittee of an illegal connection or illicit discharge to the small MS4, then the permittee shall follow the requirements specified in Part III.B.2.(c)(3). (4) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be reflected in the annual report. Such written procedures must be maintained, either on site or in the SWMP and made available for inspection by the TCEQ. (b) Allowable Non-Stormwater Discharges Non-stormwater flows listed in Part II.C do not need to be considered by the permittee as an illicit discharge requiring elimination unless the permittee or the TCEQ identifies the flow as a significant source of pollutants to the small MS4. (c) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.2(c)(1)-(6) (1) MS4 mapping All permittees shall maintain an up-to-date MS4 map, which must be located on site and available for review by the TCEQ. The MS4 map must show at a minimum the following information: a. The location of all small MS4 outfalls that are operated by the permittee and that discharge into waters of the U.S; b. The location and name of all surface waters receiving discharges from the small MS4 outfalls; and c. Priority areas identified under Part III.B.2.(e)(1), if applicable. (2) Education and Training All permittees shall implement a method for informing or training all the permittee’s field staff that may come into contact with or otherwise observe an illicit discharge or illicit connection to the small MS4 as part of their normal job responsibilities. Training program materials and attendance lists must be maintained on site and made available for review by the TCEQ. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 38 (3) Public Reporting of Illicit Discharges and Spills All permittees shall publicize and facilitate public reporting of illicit discharges or water quality impacts associated with discharges into or from the small MS4. The permittee shall provide a central contact point to receive reports; for example by including a phone number for complaints and spill reporting. (4) All permittees shall develop and maintain on-site procedures for responding to illicit discharges and spills. (5) Source Investigation and Elimination a. Minimum Investigation Requirements – Upon becoming aware of an illicit discharge, all permittees shall conduct an investigation to identify and locate the source of such illicit discharge as soon as practicable. (i) All permittees shall prioritize the investigation of discharges based on their relative risk of pollution. For example, sanitary sewage may be considered a high priority discharge. (ii) All permittees shall report to the TCEQ immediately upon becoming aware of the occurrence of any illicit flows believed to be an immediate threat to human health or the environment. (iii) All permittees shall track all investigations and document, at a minimum, the date(s) the illicit discharge was observed; the results of the investigation; any follow-up of the investigation; and the date the investigation was closed. b. Identification and Investigation of the Source of the Illicit Discharge –All permittees shall investigate and document the source of illicit discharges where the permittees have jurisdiction to complete such an investigation. If the source of illicit discharge extends outside the permittee’s boundary, all permittees shall notify the adjacent permitted MS4 operator or the appropriate TCEQ Regional Office according to Part III.A.3.b. c. Corrective Action to Eliminate Illicit Discharge If and when the source of the illicit discharge has been determined, all permittees shall immediately notify the responsible party of the problem, and shall require the responsible party to perform all necessary corrective actions to eliminate the illicit discharge. (6) Inspections –The permittee shall conduct inspections, in response to complaints, and shall conduct follow-up inspections to ensure that corrective measures have been implemented by the responsible party. The permittee shall develop written procedures describing the basis for conducting inspections in response to complaints and conducting follow-up inspections. (d) Additional Requirements for Level 3 and 4 small MS4s In addition to the requirements described in Parts III.B.2(c)(1)-(6) above, permittees who operate Level 3 and 4 small MS4s shall meet the following requirements: Source Investigation and Elimination Permittees who operate Level 3 and 4 small MS4 shall upon being notified that the discharge has been eliminated, conduct a follow-up investigation or field screening, consistent with Part III.B.2.(e)(2), to verify that the discharge has been eliminated. The Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 39 permittee shall document its follow-up investigation. The permittee may seek recovery and remediation costs from responsible parties consistent with Part III.A.3., and require compensation related costs. Resulting enforcement actions must follow the procedures for enforcement action in Part III.A.3. If the suspected source of the illicit discharge is authorized under an NPDES/TPDES permit or the discharge is listed as an authorized non-stormwater discharge, as described in Part III.C, no further action is required. (e) Additional Requirements for Level 4 small MS4s In addition to the requirements described in Parts III.B.2(c)-(d) above, permittees who operate Level 4 small MS4s shall meet the following requirements: (1) Identification of Priority Areas Permittees who operate Level 4 small MS4s shall identify priority areas likely to have illicit discharges and shall document the basis for the selection of each priority area and shall create a list of all priority areas identified. This priority area list must be available for review by the TCEQ. (2) Dry Weather Field Screening By the end of the permit term, permittees who operate Level 4 small MS4s shall develop and implement a written dry weather field screening program to assist in detecting and eliminating illicit discharges to the small MS4. Dry weather field screening must consist of (1) field observations; and (2) field screening according to item (2)c. below. If dry weather field screening is necessary, at a minimum, the permittee shall: a. Conduct dry weather field screening in priority areas as identified by the permittee in Part III.B.2(e)(1). By the end of the permit term, all of those priority areas, although not necessarily all individual outfalls must be screened. b. Field observation requirements – The permittee shall develop written procedures for observing flows from outfalls when there has been at least 72 hours of dry weather. The written procedures must include the basis used to determine which outfalls will be observed. The permittee shall record visual observations such as odor, color, clarity, floatables, deposits, or stains. c. Field screening requirements – The permittee shall develop written procedures to determine which dry weather flows will be screened, based on results of field observations or complaint from the public or the permittee’s trained field staff. At a minimum, when visual observations indicate a potential problem such as discolored flows, foam, surface sheen, and other similar indicators of contamination, the permittee shall conduct a field screening analysis for selected indicator pollutants. The basis for selecting the indicator pollutants must be described in the written procedures. Screening methodology may be modified based on experience gained during the actual field screening activities. The permittee shall document the method used. (3) Reduction of Floatables The permittee shall implement a program to reduce the discharge of floatables (for example, litter and other human-generated solid refuse) in the MS4. The MS4 shall include source controls at a minimum and structural controls and other appropriate controls where necessary. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 40 The permittee shall maintain two locations where floatable material can be removed before the stormwater is discharged to or from the MS4. Floatable material shall be collected at the frequency necessary for maintenance of the removal devices, but not less than twice per year. The amount of material collected shall be estimated by weight, volume, or by other practical means. Results shall be included in the annual report. 3. Construction Site Stormwater Runoff Control (a) Requirements and Control Measures (1) All permittees shall develop, implement, and enforce a program requiring operators of small and large construction activities, as defined in Part I of this general permit, to select, install, implement, and maintain stormwater control measures that prevent illicit discharges to the MEP. The program must include the development and implementation of an ordinance or other regulatory mechanism, as well as sanctions to ensure compliance to the extent allowable under state, federal, and local law, to require erosion and sediment control. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the the progam fully implemented by the end of this permit term. If TCEQ waives requirements for stormwater discharges associated with small construction from a specific site(s), the permittee is not required to enforce the program to reduce pollutant discharges from such site(s). (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.3(b)(1)-(7) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be included in the annual report. Such written procedures must be maintained on site or in the SWMP and made available for inspection by the TCEQ. (2) All permittees shall require that construction site operators implement appropriate erosion and sediment control BMPs. The permittee’s construction program must ensure the following minimum requirements are effectively implemented for all small and large construction activities discharging to its small MS4. a. Erosion and Sediment Controls - Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. b. Soil Stabilization - 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. In arid, semiarid, and drought-stricken areas, where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 41 The permittee shall develop written procedures that describes initiating and completing stabilization measures for construction sites. c. BMPs – Design, install, implement, and maintain effective BMPs to minimize the discharge of pollutants to the small MS4. At a minimum, such BMPs must be designed, installed, implemented and maintained to: (i) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters; (ii) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and (iii) Minimize the discharge of pollutants from spills and leaks. d. As an alternative to (a) through (c) above, all permittees shall ensure that all small and large construction activities discharging to the small MS4 have developed and implemented a stormwater pollution prevention plan (SWP3) in accordance with the TPDES CGP TXR150000. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible, alternative stabilization measures must be employed and described in the written procedure required in item (2)b. above. As an alternative, vegetative stabilization measures may be implemented as soon as practicable. (3) Prohibited Discharges - The following discharges are prohibited: a. Wastewater from washout of concrete and wastewater from water well drilling operations, unless managed by an appropriate control; b. Wastewater from washout and cleanout of stucco, paint, from release oils, and other construction materials; c. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; d. Soaps or solvents used in vehicle and equipment washing; and e. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed by appropriate BMPs. (4) Construction Plan Review Procedures To the extent allowable by state, federal, and local law, all permittees shall maintain and implement site plan review procedures that describe which plans will be reviewed as well as when an operator may begin construction. For those permittees without legal authority to enforce site plan reviews, this requirement is limited to those sites operated by the permittee and its contractors and located within the permittee’s regulated area. The site plan procedures must meet the following minimum requirements: a. The site plan review procedures must incorporate consideration of potential water quality impacts. b. The permittee may not approve any plans unless the plans contain appropriate site specific construction site control measures that, at a minimum, meet the requirements described in Part III.B.3.(a) or in the TPDES CGP, TXR150000. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 42 The permittee may require and accept a plan, such as a SWP3, that has been developed pursuant to the TPDES CGP, TXR150000. (5) Construction Site Inspections and Enforcement To the extent allowable by state, federal, and local law, all permittees shall implement procedures for inspecting large and small construction projects. Permittees without legal authority to inspect construction sites shall at a minimum conduct inspection of sites operated by the permittee or its contractors and that are located in the permittee’s regulated area. a. The permittee shall conduct inspections based on the evaluation of factors that are a threat to water quality, such as: soil erosion potential; site slope; project size and type; sensitivity of receiving waterbodies; proximity to receiving waterbodies; non-stormwater discharges; and past record of non-compliance by the operators of the construction site. b. Inspections must occur during the active construction phase. (i) All permittees shall develop and implement updated written procedures outlining the inspection and enforcement requirements. These procedures must be maintained on-site or in the SWMP and be made available to TCEQ. (ii) Inspections of construction sites must, at a minimum: 1. Determine whether the site has appropriate coverage under the TPDES CGP, TXR150000. If no coverage exists, notify the permittee of the need for permit coverage; 2. Conduct a site inspection to determine if control measures have been selected, installed, implemented, and maintained according to the small MS4’s requirements; 3. Assess compliance with the permittee’s ordinances and other regulations; and 4. Provide a written or electronic inspection report. c. Based on site inspection findings, all permittees shall take all necessary follow- up actions (for example, follow-up-inspections or enforcement) to ensure compliance with permit requirements and the SWMP. These follow-up and enforcement actions must be tracked and maintained for review by the TCEQ. For non-traditional small MS4s with no enforcement powers, the permittee shall notify the adjacent MS4 operator with enforcement authority or the appropriate TCEQ Regional Office according to Part III.A.3(b). (6) Information submitted by the Public All permittees shall develop, implement, and maintain procedures for receipt and consideration of information submitted by the public. (7) MS4 Staff Training All permittees shall ensure that all staff whose primary job duties are related to implementing the construction stormwater program (including permitting, plan review, construction site inspections, and enforcement) are informed or trained to Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 43 conduct these activities. The training may be conducted by the permittee or by outside trainers. (c) Additional Requirements for Level 3 and 4 small MS4s In addition to the requirements described in Parts III.B.3(b)(1)-(7) above, permittees who operate Level 3 and 4 small MS4s shall meet the following requirements: Construction Site Inventory Permittees who operate Level 3 and 4 small MS4s shall maintain an inventory of all permitted active public and private construction sites, that result in a total land disturbance of one or more acres or that result in a total land disturbance of less than one acre if part of a larger common plan or development or sale. Notification to the small MS4 must be made by submittal of a copy of an NOI or a small construction site notice, as applicable. The permittee shall make this inventory available to the TCEQ upon request. 4. Post Construction Stormwater Management in New Development and Redevelopment (a) Post-Construction Stormwater Management Program (1) All permittees shall develop, implement, and enforce a program, to the extent allowable under state, federal, and local law, to control stormwater discharges from new development and redeveloped sites that discharge into the small MS4 that disturb one acre or more, including projects that disturb less than one acre that are part of a larger common plan of development or sale. The program must be established for private and public development sites. The program may utilize an offsite mitigation and payment in lieu of components to address this requirement. Existing permittees shall assess program elements that were described in the previous permit and modify as necessary to continue reducing the discharge of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly regulated permittees shall have the program fully implemented by the end of the permit term. (2) All permittees shall use, to the extent allowable under state, federal, and local law and local development standards, an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects. The permittees shall establish, implement, and enforce a requirement that owners or operators of new development and redeveloped sites design, install, implement, and maintain a combination of structural and non-structural BMPs appropriate for the community and that protects water quality. If the construction of permanent structures is not feasible due to space limitations, health and safety concerns, cost effectiveness, or highway construction codes, the permittee may propose an alternative approach to TCEQ. Newly regulated permittees shall have the program element fully implemented by the end of the permit term. (b) Requirements for all Permittees All permittees shall include the requirements described below in Parts III.B.4.(b)(1)-(3) (1) All permittees shall annually review and update as necessary, the SWMP and MCM implementation procedures required by Part III.A.2. Any changes must be Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 44 included in the annual report. Such written procedures must be maintained either on site or in the SWMP and made available for inspection by TCEQ. (2) All permittees shall document and maintain records of enforcement actions and make them available for review by the TCEQ. (3) Long-Term Maintenance of Post-Construction Stormwater Control Measures All permittees shall, to the extent allowable under state, federal, and local law, ensure the long-term operation and maintenance of structural stormwater control measures installed through one or both of the following approaches: a. Maintenance performed by the permittee. (See Part III.B.5) b. Maintenance performed by the owner or operator of a new development or redeveloped site under a maintenance plan. The maintenance plan must be filed in the real property records of the county in which the property is located. The permittee shall require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site. The permittee shall require operation and maintenance performed is documented and retained on site, such as at the offices of the owner or operator, and made available for review by the small MS4. (c) Additional Requirements for Level 4 small MS4s In addition to the requirements described in Parts III.B.5(b)(1)-(3), permittees who operate Level 4 small MS4s shall meet the following requirements: Inspections - Permittees who operate Level 4 small MS4s shall develop and implement an inspection program to ensure that all post construction stormwater control measures are operating correctly and are being maintained as required consistent with its applicable maintenance plan. For small MS4s with limited enforcement authority, this requirement applies to the structural controls owned and operated by the small MS4 or its contractors that perform these activities within the small MS4’s regulated area. Inspection Reports - The permittee shall document its inspection findings in an inspection report and make them available for review by the TCEQ. 5. Pollution Prevention and Good Housekeeping for Municipal Operations (a) Program development All permittees shall develop and implement an operation and maintenance program, including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal activities and municipally owned areas including but not limited to park and open space maintenance; street, road, or highway maintenance; fleet and building maintenance; stormwater system maintenance; new construction and land disturbances; municipal parking lots; vehicle and equipment maintenance and storage yards; waste transfer stations; and salt/sand storage locations. Existing permittees shall assess program elements that were described in the previous permit, modify as necessary, and develop and implement new elements, as necessary, to continue reducing the discharges of pollutants from the MS4 to the MEP. New elements must be fully implemented by the end of this permit term and newly Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 45 regulated permittees shall have the program fully implemented by the end of this permit term. (See also Part III.A.1.(c)) (b) Requirements for all Permittees All permitees shall include the requirements described below in Parts III.B.5.(1)-(6) in the program: (1) Permittee-owned Facilities and Control Inventory All permittees shall develop and maintain an inventory of facilities and stormwater controls that it owns and operates within the regulated area of the small MS4. The inventory must include all applicable permit numbers, registration numbers, and authorizations for each facility or controls. The inventory must be available for review by TCEQ and must include, but is not limited, to the following, as applicable: a. Composting facilities; b. Equipment storage and maintenance facilities; c. Fuel storage facilities; d. Hazardous waste disposal facilities; e. Hazardous waste handling and transfer facilities; f. Incinerators; g. Landfills; h. Materials storage yards; i. Pesticide storage facilities; j. Buildings, including schools, libraries, police stations, fire stations, and office buildings; k. Parking lots; l. Golf courses; m. Swimming pools; n. Public works yards; o. Recycling facilities; p. Salt storage facilities; q. Solid waste handling and transfer facilities; r. Street repair and maintenance sites; s. Vehicle storage and maintenance yards; and t. Structural stormwater controls. (2) Training and Education All permittees shall inform or train appropriate employees involved in implementing pollution prevention and good housekeeping practices. All permittees shall maintain a training attendance list for inspection by TCEQ when requested. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 46 (3) Disposal of Waste Material - Waste materials removed from the small MS4 must be disposed of in accordance with 30 TAC Chapters 330 or 335, as applicable. (4) Contractor Requirements and Oversight a. Any contractors hired by the permittee to perform maintenance activities on permittee-owned facilities must be contractually required to comply with all of the stormwater control measures, good housekeeping practices, and facility- specific stormwater management operating procedures described in Parts III B.5.(b)(2)-(6). b. All permittees shall provide oversight of contractor activities to ensure that contractors are using appropriate control measures and SOPs. Oversight procedures must be maintained on-site and made available for inspection by TCEQ. (5) Municipal Operation and Maintenance Activities a. Assessment of permittee-owned operations All permittees shall evaluate operation and maintenance (O&M) activities for their potential to discharge pollutants in stormwater, including but not limited to: (i) Road and parking lot maintenance, including such areas as pothole repair, pavement marking, sealing, and re-paving; (ii) Bridge maintenance, including such areas as re-chipping, grinding, and saw cutting; (iii) Cold weather operations, including plowing, sanding, and application of deicing and anti-icing compounds and maintenance of snow disposal areas; and (iv) Right-of-way maintenance, including mowing, herbicide and pesticide application, and planting vegetation. b. All permittees shall identify pollutants of concern that could be discharged from the above O&M activities (for example, metals; chlorides; hydrocarbons such as benzene, toluene, ethyl benzene, and xylenes; sediment; and trash). c. All permittees shall develop and implement a set of pollution prevention measures that will reduce the discharge of pollutants in stormwater from the above activities. These pollution prevention measures may include the following examples: (i) Replacing materials and chemicals with more environmentally benign materials or methods; (ii) Changing operations to minimize the exposure or mobilization of pollutants to prevent them from entering surface waters; and (iii) Placing barriers around or conducting runoff away from deicing chemical storage areas to prevent discharge into surface waters. d. Inspection of pollution prevention measures - All pollution prevention measures implemented at permittee-owned facilities must be visually inspected to ensure they are working properly. The permittee shall develop written procedures that describes frequency of inspections and how they will Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 47 be conducted. A log of inspections must be maintained and made available for review by the TCEQ upon request. (6) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed by the permittee and consistent with maintaining the effectiveness of the BMP. The permittee shall develop written procedures that define the frequency of inspections and how they will be conducted. (c) Additional Requirements for Level 3 and 4 small MS4s: In addition to the requirements described in Parts.B.5.(b)(1)-(6) above, permittees who operate Level 3 or 4 small MS4s shall meet the following requirements: (1) Storm Sewer System Operation and Maintenance a. Permittees who operate Level 3 or 4 small MS4s shall develop and implement an O&M program to reduce to the maximum extent practicable the collection of pollutants in catch basins and other surface drainage structures. b. Permittees who operate Level 3 or 4 small MS4s shall develop a list of potential problem areas. The permittees shall identify and prioritize problem areas for increased inspection (for example, areas with recurrent illegal dumping). (2) Operation and Maintenance Program to Reduce Discharges of Pollutants from Roads Permittees who operate Level 3 or 4 small MS4s shall implement an O&M program that includes at least one of the following: a street sweeping and cleaning program, or an equivalent BMP such as an inlet protection program, which must include an implementation schedule and a waste disposal procedure. The basis for the decision must be included in the SWMP. If a street sweeping and cleaning program is implemented, the permittee shall evaluate the following permittee-owned and operated areas for the program: streets, road segments, and public parking lots including, but not limited to, high traffic zones, commercial and industrial districts, sport and event venues, and plazas, as well as areas that consistently accumulate high volumes of trash, debris, and other stormwater pollutants. a. Implementation schedules – If a sweeping program is implemented, the permittee shall sweep the areas in the program (for example, the streets, roads, and public parking lots) in accordance with a frequency and schedule determined in the permittee’s O&M program. b. For areas where street sweeping is technically infeasible (for example, streets without curbs), the permittee shall focus implementation of other trash and litter control procedures, or provide inlet protection measures to minimize pollutant discharges to storm drains and creeks. c. Sweeper Waste Material Disposal – If utilizing street sweepers, the permittee shall develop a procedure to dewater and dispose of street sweeper waste material and shall ensure that water and material will not reenter the small MS4. Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 48 (3) Mapping of Facilities Permittees who operate Level 3 or 4 small MS4s shall, on a map of the area regulated under this general permit, identify where the permittee-owned and operated facilities and stormwater controls are located. (4) Facility Assessment Permittees who operate Level 3 or 4 small MS4s shall perform the following facility assessment in the regulated portion of the small MS4 operated by the permittee: a. Assessment of Facilities’ Pollutant Discharge Potential - The permittee shall review the facilities identified in Part III.B.5.(b) once per permit term for their potential to discharge pollutants into stormwater. b. Identification of high priority facilities - Based on the Part III.B.5.(c)(4)a. assessment, the permittee shall identify as high priority those facilities that have a high potential to generate stormwater pollutants and shall document this in a list of these facilities. Among the factors that must be considered in giving a facility a high priority ranking are the amount of urban pollutants stored at the site, the identification of improperly stored materials, activities that must not be performed outside (for example, changing automotive fluids, vehicle washing), proximity to waterbodies, proximity to sensitive aquifer recharge features, poor housekeeping practices, and discharge of pollutant(s) of concern to impaired water(s). High priority facilities must include, at a minimum, the permittee’s maintenance yards, hazardous waste facilities, fuel storage locations, and any other facilities at which chemicals or other materials have a high potential to be discharged in stormwater. c. Documentation of Assessment Results - The permittee shall document the results of the assessments and maintain copies of all site evaluation checklists used to conduct the assessments. The documentation must include the results of the permittee’s initial assessment, and any identified deficiencies and corrective actions taken. (5) Development of Facility Specific SOPs Permittees who operate Level 3 or 4 small MS4s shall develop facility specific stormwater management SOPs. The permittee may utilize existing plans or documents that may contain the following required information: a. For each high priority facility identified in Part III.B.5.(c)(4)b., the permittee shall develop a SOP that identifies BMPs to be installed, implemented, and maintained to minimize the discharge of pollutants in stormwater from each facility. b. A hard or electronic copy of the facility-specific stormwater management SOP (or equivalent existing plan or document) must be maintained and be available for review by the TCEQ. The SOP must be kept on site when possible and must be kept up to date. (6) Stormwater Controls for High Priority Facilities Permittees who operate Level 3 or 4 small MS4s shall implement the following stormwater controls at all high priority facilities identified in Part III.B.5.(c)(4)b. A description of BMPs developed to comply with this requirement must be included in each facility specific SOP: Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 49 a. General good housekeeping – Material with a potential to contribute to stormwater pollution must be sheltered from exposure to stormwater. b. De-icing and anti-icing material storage - The permittee shall ensure, to the MEP, that stormwater runoff from storage piles of salt and other de-icing and anti-icing materials is not discharged; or shall ensure that any discharges from the piles are authorized under a separate discharge permit. c. Fueling operations and vehicle maintenance - The permittee shall develop SOPs (or equivalent existing plans or documents) that address spill prevention and spill control at permittee-owned and operated vehicle fueling, vehicle maintenance, and bulk fuel delivery facilities. d. Equipment and vehicle washing - The permittee shall develop SOPs that address equipment and vehicle washing activities at permittee-owned and operated facilities. The discharge of equipment and vehicle wash water to the small MS4 or directly to receiving waters from permittee-owned facilities is not authorized under this general permit. To ensure that wastewater is not discharged under this general permit, the permittee’s SOP may include installing a vehicle wash reclaim system, capturing and hauling the wastewater for proper disposal, connecting to sanitary sewer (where applicable and approved by local authorities), ceasing the washing activity, or applying for and obtaining a separate TPDES permit. (7) Inspections Permittees who operate Level 3 or 4 small Ms4s shall develop and implement an inspection program, which at a minimum must include periodic inspections of high priority permittee-owned facilities. The results of the inspections and observations must be documented and available for review by the TCEQ. (d) Additional Requirements for Level 4 small MS4s: In addition to all the requirements described in Parts III.B.5(b) and III.B.5.(c) above, permittees who operate Level 4 small MS4s shall meet the following requirements: (1) Pesticide, Herbicide, and Fertilizer Application and Management a. Landscape maintenance - The permittee shall evaluate the materials used and activities performed on public spaces owned and operated by the permittee such as parks, schools, golf courses, easements, public rights of way, and other open spaces for pollution prevention opportunities. Maintenance activities for the turf landscaped portions of these areas may include mowing, fertilization, pesticide application, and irrigation. Typical pollutants include sediment, nutrients, hydrocarbons, pesticides, herbicides, and organic debris. b. The permittee shall implement the following practices to minimize landscaping-related pollutant generation with regard to public spaces owned and operated by the permittee: (i) Educational activities, permits, certifications, and other measures for the permittee’s applicators and distributors. (ii) Pest management measures that encourage non-chemical solutions where feasible. Examples may include: (a) Use of native plants or xeriscaping; Small MS4 General Permit TPDES General Permit TXR040000 Part III, Section B Page 50 (b) Keeping clippings and leaves out the small MS4 and the street by encouraging mulching, composting, or landfilling; (c) Limiting application of pesticides and fertilizers if precipitation is forecasted within 24 hours, or as specified in label instructions; (d) Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing motorist safety. c. The permittee shall develop schedules for chemical application in public spaces owned and operated by the permittee that minimize the discharge of pollutants from the application due to irrigation and expected precipitation. d. The permittee shall ensure collection and proper disposal of the permittee’s unused pesticides, herbicides, and fertilizers. (2) Evaluation of Flood Control Projects The permittee shall assess the impacts of the receiving water(s) for all flood control projects. New flood control structures must be designed, constructed, and maintained to provide erosion prevention and pollutant removal from stormwater. The retrofitting of existing structural flood control devices to provide additional pollutant removal from stormwater shall be implemented to the maximum extent practicable. 6. Industrial Stormwater Sources Permittees operating a Level 4 small MS4 shall include the requirements described below in Part III. B.6(a) and (b) – this requirement is only applicable to Level 4 MS4s (a) Permittees who operate Level 4 small MS4s shall identify and control pollutants in stormwater discharges to the small MS4 from permittee’s landfills; other treatment, storage, or disposal facilities for municipal waste (for example, transfer stations and incinerators); hazardous waste treatment, storage, disposal and recovery facilities and facilities that are subject to Emergency Planning and Community Right-to-Know Act (EPCRA) Title III, Section 313; and any other industrial or commercial discharge the permittee determines are contributing a substantial pollutant loading to the small MS4. (b) The program must include priorities and procedures for inspections and for implementing control measures for such industrial discharges. 7. Authorization for Construction Activities where the Small MS4 is the Site Operator The development of this MCM for construction activities, where the small MS4 is the site operator, is optional and provides an alternative to the MS4 operator seeking coverage under TPDES CGP, TXR150000 for each construction activity. Permittees that choose to develop this measure will be authorized to discharge stormwater and certain non- stormwater from construction activities where the MS4 operator meets the definition of a construction site operator in Part I of this general permit. When developing this measure, permittees are required to meet all requirements of, and be consistent with, applicable effluent limitation guidelines for the Construction and Development industry (40 CFR Part 450), TPDES CGP TXR150000, and Part III.B.3 of this permit. The authorization to discharge under this MCM is limited to the regulated area, such as the portion of the small MS4 located within a UA or the area designated by TCEQ as requiring Small MS4 General Permit TPDES Draft GP TXR040000 Part III, Section C Page 51 coverage. However, an MS4 operator may also utilize this MCM over additional portions of their small MS4 that are also in compliance with all of the MCMs listed in this general permit. This MCM must be developed as a part of the SWMP that is submitted with the NOI for permit coverage. If this MCM is developed after submitting the initial NOI, an NOC must be submitted notifying the executive director of this change, and identifying the geographical area or boundary where the activities will be conducted under the provisions of this general permit. Utilization of this MCM does not preclude a small MS4 from obtaining coverage under the TPDES CGP, TXR150000, or under an individual TPDES permit. This MCM is only available for projects where the small MS4 is a construction site operator or owner, and the MCM does not provide any authorization for other construction site operators at a municipal project. Controls required under this MCM must be implemented prior to discharge from a municipal construction site into surface water in the state. The MCM must include: (a) A description of how construction activities will generally be conducted by the permittee so as to take into consideration local conditions of weather, soils, and other site-specific considerations; (b) A description of the area that this MCM will address and where the permittee’s construction activities are covered (for example within the boundary of the urbanized area, the corporate boundary, a special district boundary, an extra territorial jurisdiction, or other similar jurisdictional boundary); (c) Either a description of how the permittee will supervise or maintain oversight over contractor activities to ensure that the SWP3 requirements are properly implemented at the construction site; or how the permittee will make certain that contractors have a separate authorization for stormwater discharges; (d) A general description of how a SWP3 will be developed for each construction site, according to Part VI of this general permit, ”Authorization for Municipal Construction Activities”; and (e) Records of municipal construction activities authorized under this optional MCM, in accordance with Part VI of this general permit. Section C. General Requirements Permittees shall provide information in the SWMP documenting the development and implementation of the program. At a minimum, the documentation must include: 1. A list of any public or private entities assisting with the development or implementation of the SWMP; 2. If applicable, a list of all MS4 operators contributing to the development and implementation of the SWMP, including a clear description of the contribution; 3. A list of all BMPs and measurable goals for each of the MCMs; 4. A schedule for the implementation of all SWMP requirements. The schedule must include, as appropriate, the months and years in which the permittee will undertake Small MS4 General Permit TPDES General Permit TXR040000 Part IV, Section A & B Page 52 required actions, including interim milestones and the frequency of the action throughout the permit term. 5. A description of how each measurable goal will be evaluated; and 6. A rationale statement that addresses the overall program, including how the BMPs and measurable goals were selected. Part IV. Recordkeeping and Reporting Section A. Recordkeeping 1. The permittee shall retain all records, a copy of this TPDES general permit, and records of all data used to complete the application (NOI) for this general permit and satisfy the public participation requirements, for a period of at least three (3) years, or for the remainder of the term of this general permit, whichever is longer. This period may be extended by request of the executive director at any time. 2. The permittee shall submit the records to the executive director only when specifically asked to do so. The SWMP required by this general permit (including a copy of the general permit) must be retained at a location accessible to the TCEQ. 3. The permittee shall make the NOI and the SWMP available to the public at reasonable times during regular business hours, if requested to do so in writing. Copies of the SWMP must be made available within ten (10) working days of receipt of a written request. Other records must be provided in accordance with the Texas Public Information Act. However, all requests for records from federal facilities must be made in accordance with the Freedom of Information Act. 4. The period during which records are required to be kept shall be automatically extended to the date of the final disposition of any administrative or judicial enforcement action that may be instituted against the permittee. Section B. Reporting 1. General Reporting Requirements (a) Noncompliance Notification According to 30 TAC § 305.125(9), any noncompliance which may endanger human health or safety, or the environment, must be reported by the permittee to the TCEQ. Report of such information must be provided orally or by fax to the TCEQ Regional Office within 24 hours of becoming aware of the noncompliance. A written report must be provided by the permittee to the appropriate TCEQ Regional Office and to the TCEQ Enforcement Division (MC-224) within five working days of becoming aware of the noncompliance. The written report must contain: (1) A description of the noncompliance and its cause; (2) The potential danger to human health or safety, or the environment; (3) The period of noncompliance, including exact dates and times; (4) If the noncompliance has not been corrected, the anticipated time it is expected to continue; and Small MS4 General Permit TPDES General Permit TXR040000 Part IV, Section B Page 53 (5) Steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. (b) Other Information When the permittee becomes aware that it either submitted incorrect information or failed to submit complete and accurate information requested in an NOI, NOT, or NOC, or any other report, the permittee shall promptly submit the facts or information to the executive director. 2. Annual Report The MS4 operator shall submit a concise annual report to the executive director within 90 days of the end of each reporting year. For the purpose of this section, the reporting year may include either the permit year, the permittee’s fiscal year or the calendar year, as elected by the small MS4 and notified to the TCEQ in the application submittal. The annual report must address the previous reporting year. The first reporting year for annual reporting purposes shall begin on the permit effective date and shall last for a period of one (1) year (the end of the “permit year”). Alternatively, if the permittee elects to report based on its fiscal year, the first reporting year will last until the end of the fiscal year immediately following the issuance date of this permit. If the permittee elects to report based on the calendar year, then the first reporting year will last until December 31, 2019. Subsequent calendar years will begin at the beginning of the first reporting year (which will vary based on the previous paragraph) and last for one (1) year. The MS4 operator shall also make a copy of the annual report readily available for review by TCEQ personnel upon request. The report must include: (a) The status of the compliance with permit conditions, an assessment of the appropriateness of the identified BMPs, progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, the measurable goals for each of the MCMs, and an evaluation of the success of the implementation of the measurable goals; (b) A summary of the results of information collected and analyzed, during the reporting period, including monitoring data used to assess the success of the program at reducing the discharge of pollutants to the MEP; (c) If applicable, a summary of any activities taken to address the discharge to impaired waterbodies, including any sampling results and a summary of the small MS4s BMPs used to address the pollutant of concern; (d) A summary of the stormwater activities the MS4 operator plans to undertake during the next reporting year; (e) Proposed changes to the SWMP, including changes to any BMPs or any identified measurable goals that apply to the program elements; (f) Description and schedule for implementation of additional BMP’s that may be necessary, based on monitoring results, to ensure compliance with applicable TMDLs and implementation plans. For waters that are listed as impaired after discharge authorization pursuant to Part II.D.4, include a list of such waters and the pollutant(s) causing the impairment, and a summary of any actions taken to comply with the requirements of Part II.D.4.b.; (g) Notice that the MS4 operator is relying on another government entity to satisfy some of its permit obligations (if applicable); Small MS4 General Permit TPDES General Permit TXR040000 Part V Page 54 (h) The number of construction activities where the small MS4 is the operator and authorized under the 7th optional MCM, including the total number of acres disturbed; and (i) The number of construction activities that occurred within the jurisdictional area of the small MS4 (as noticed to the permittee by the construction operator), and that were not authorized under the 7th MCM. MS4s authorized under the previous version of the permit must prepare an annual report whether or not the NOI and SWMP have been approved by the TCEQ. If the permittee has either not implemented the SWMP or not begun to implement the SWMP because it has not received approval of the NOI and SWMP, then the annual report may include that information. If permittees share a common SWMP, they shall contribute to and submit a single system- wide report. Each permittee shall sign and certify the annual report in accordance with 30 TAC § 305.128 (relating to Signatories to Reports). The annual report must be submitted with the appropriate TCEQ reporting forms if available, or as otherwise approved by TCEQ. The annual report must be submitted to the following address: Texas Commission on Environmental Quality Stormwater Team; MC - 148 P.O. Box 13087 Austin, Texas 78711-3087 A copy of the annual report must also be submitted to the TCEQ Regional Office that serves the area of the regulated small MS4, except if the report is submitted electronically. Effective December 21, 2020, annual reports must be submitted using the online electronic reporting system available through the TCEQ website unless the permittee requests and obtains an electronic reporting waiver. Part V. Standard Permit Conditions A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the general permit and statutes under which it was issued, and is grounds for enforcement action, for terminating coverage under this general permit, or for requiring a discharger to apply for and obtain an individual TPDES permit. B. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. C. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. D. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition. The permittee shall furnish to the executive director, upon Small MS4 General Permit TPDES General Permit TXR040000 Part V Page 55 request and within a reasonable timeframe, any information necessary for the executive director to determine whether cause exists for modifying, revoking, suspending, reissuing or terminating authorization under this general permit. Additionally, the permittee shall provide to the executive director, upon request, copies of all records that the permittee shall maintain as a condition of this general permit. E. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used to achieve compliance with the conditions of this permit and with the condition of the permittee’s SWMP. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. Proper operation and maintenance requires the operation of backup or auxiliary facilities or similar systems, installed only when the operation is necessary to achieve compliance with the conditions of this permit. F. Inspection and entry shall be allowed under the TWC Chapters 26-28, Health and Safety Code §§ 361.032-361.033 and 361.037, and 40 CFR §122.41(i). The statement in TWC § 26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety, internal security, and fire protection is not grounds for denial or restriction of entry to any part of the facility or site, but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. G. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under the TWC, Chapters 26, 27, and 28, and the Texas Health and Safety Code, Chapter 361 for violations including but not limited to the following: 1. Negligently or knowingly violating CWA, §§ 301, 302, 303, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under CWA, § 402; and 2. Knowingly making any false statement, representation, or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or noncompliance. H. All reports and other information requested by or submitted to the executive director must be signed by the person and in the manner required by 30 TAC § 305.128 (relating to Signatories to Reports). I. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. J. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located in a UA or that are designated by the TCEQ. Implementation of the SWMP in these areas is required three (3) years from acquiring the new area, or five (5) years from the date of initial permit coverage. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section A & B Page 56 Part VI. Authorization for Municipal Construction Activities – Applicable only if the 7th Optional MCM is selected The MS4 operator may obtain authorization under TPDES CGP, TXR150000 to discharge stormwater runoff from each construction activity performed by the MS4 operator that results in a land disturbance of one (1) acre or more of land or less than one (1) acre of land, if the construction activity is part of a larger common plan of development or sale that would disturb one acre or more. Alternatively, the MS4 operator may develop the SWMP to include the optional seventh (7th) stormwater MCM listed in Part III.B.7 of this general permit if the eligibility requirements in Part VI.A. below are met. If an MS4 operator decides to utilize this MCM, then the MS4 operator must include this MCM in its SWMP submitted with the NOI or submit an NOC notifying the executive director of the addition of this MCM to its SWMP. The MS4 operator must identify the geographic area or boundary where the construction activities will be conducted under the provisions of this general permit. If the permittee meets the terms and requirements of this general permit, then discharges from these construction activities may be authorized under this general permit as long as they occur within the regulated geographic area of the small MS4. An MS4 operator may utilize this MCM over additional portions of their small MS4 if those areas are also in compliance with all MCMs listed in this general permit. Even if an MS4 operator has developed this optional seventh stormwater MCM, the MS4 operator may apply under TPDES CGP TXR150000 for authorization for particular municipal construction activities including those activities that occur during periods of low potential for erosion (for which no SWP3 must be developed). Section A. Eligible Construction Sites Discharges from construction activities within the regulated area where the MS4 operator meets the definition of construction site operator are eligible for authorization under this general permit. Discharges from construction activities outside of the regulated area, where the MS4 operator meets the definition of construction site operator, are only eligible for authorization under this general permit in those areas where the MS4 operator meets the requirements of Parts III.B.1. through III.B.6 of this general permit, related to MCMs. Section B. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff from small and large construction activities may be authorized under this general permit. 2. Discharges of Stormwater Associated with Construction Support Activities Discharges of stormwater runoff from construction support activities, including concrete batch plants, asphalt batch plants, equipment staging areas, material storage yards, material borrow areas, and excavated material disposal areas may be authorized under this general permit provided: (a) The activity is located within a one-mile distance from the boundary of the permitted construction site and directly supports the construction activity; Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section C Page 57 (b) A SWP3 is developed according to the provisions of this general permit and includes appropriate controls and measures to control sediment and erosion and discharge of pollutants in stormwater runoff from the supporting construction activity site; (c) The construction support activity either does not operate beyond the completion date of the construction activity or obtains separate TPDES authorization for discharges as required; and (d) Discharge of stormwater from concrete production facilities must meet the requirements in Section E below 3. Non-Stormwater Discharges The following non-stormwater discharges from construction sites authorized under this general permit are also eligible for authorization under this MCM: (a) Discharges from emergency fire fighting activities (fire fighting activities do not include washing of trucks, run-off water from training activities, test water from fire suppression systems, and similar activities); (b) Uncontaminated fire hydrant flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life), which include flushings from systems that utilize potable water, surface water, or groundwater that does not contain additional pollutants (uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) Water from the routine external washing of vehicles, the external portion of buildings or structures, and pavement, where detergents and soaps are not used and where spills or leaks of toxic or hazardous materials have not occurred (unless spilled materials have been removed; and if local state, or federal regulations are applicable, the materials are removed according to those regulations), and where the purpose is to remove mud, dirt, or dust; (d) Uncontaminated water used to control dust; (e) Potable water sources including waterline flushings (excluding discharges of hyperchlorinated water, unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life); (f) Uncontaminated air conditioning condensate; and (g) Uncontaminated ground water or spring water, including foundation or footing drains where flows are not contaminated with industrial materials such as solvents. 4. Other Permitted Discharges Any discharge authorized under a separate TPDES or TCEQ permit may be combined with discharges from construction sites operated by the small MS4, provided the discharge complies with the associated permit. Section C. Limitations on Permit Coverage Discharges that occur after construction activities have been completed, and after the construction site and any supporting activity site have undergone final stabilization, are not eligible for coverage under Part VI of the general permit. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section D & E Page 58 Section D. Stormwater Pollution Prevention Plan (SWP3) Requirements Operators of municipal construction activities that qualify for coverage under this general permit and that discharge stormwater associated with construction activities into surface water in the state must: 1. Develop a SWP3 according to the provisions of this general permit that covers the entire site and begin implementation of that plan prior to commencing construction activities; 2. Post a signed copy of a TCEQ approved site notice in a location at the construction site where it is readily available for viewing prior to commencing construction activities and maintain the notice in that location until completion of the construction activity and final stabilization of the site; 3. Ensure the project specifications allow or provide that adequate BMPs may be developed and modified as necessary to meet the requirements of this general permit and the SWP3; 4. Ensure all contractors are aware of the SWP3 requirements, are aware that municipal personnel are responsible for the day-to-day operations of the SWP3, and who to contact concerning SWP3 requirements; and 5. Ensure that the SWP3 identifies the municipal personnel responsible for implementation of control measures described in the plan. Section E. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants at regulated construction sites may be authorized under the provisions of this general permit provided that the following requirements are met for concrete batch plant(s) authorized under this permit. If discharges of stormwater runoff from concrete batch plants are not covered under this general permit, then discharges must be authorized under an alternative general permit or an individual permit. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites. Authorization for these wastes must be obtained under an individual permit or an alternative general permit. 1. Benchmark Sampling Requirements (a) Operators of concrete batch plants authorized under this section must sample the stormwater runoff from the concrete batch plants according to the requirements of this section of the general permit, and must conduct evaluations of the effectiveness of the SWP3 based on the following benchmark monitoring values: Table 1. Benchmark Monitoring Benchmark Parameters Benchmark Value Sampling Frequency Sample Type Oil and Grease (*1) 15 mg/L 1/quarter (*2)(*3) Grab (*4) Total Suspended Solids (*1) 50 mg/L 1/quarter (*2)(*3) Grab (*4) pH (*1) 6.0-9.0 S.U. 1/quarter (*2)(*3) Grab (*4) Total Iron (*1) 1.3 mg/L 1/quarter (*2)(*3) Grab (*4) Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 59 (*1) Analytical data intended for compliance with benchmark monitoring requirements must be analyzed by a National Environmental Laboratory Accreditation Program (NELAP) accredited laboratory based on state rules located in 30 TAC Chapter 25. Analysis must be performed using sufficiently sensitive methods for analysis that comply with the rules located in 40 CFR §136.1(c) and 40 CFR §122.44(i)(1)(iv). (*2) When discharge occurs. Sampling is required within the first 30 minutes of discharge. If it is not practicable to take the sample, or to complete the sampling, within the first 30 minutes, sampling must be completed within the first hour of discharge. If sampling is not completed within the first 30 minutes of discharge, the reason must be documented and attached to all required reports and records of the sampling activity. (*3) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. • January through March • April through June • July through September • October through December For projects lasting less than one full quarter, a minimum of one sample shall be collected, provided that a stormwater discharge occurred at least once following submission of the NOI. (*4) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least 0.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant, and where the discharge exits any BMPs utilized to handle the runoff from the batch plant, prior to commingling with any other water authorized under this general permit. (b) The permittee shall compare the results of sample analyses to the benchmark values above, and must include this comparison in the overall assessment of the SWP3’s effectiveness. Analytical results that exceed a benchmark value are not a violation of this permit, as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality. The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. The operator’s investigation must identify the following: (1) Any additional potential sources of pollution, such as spills that might have occurred; (2) Necessary revisions to good housekeeping measures that are part of the SWP3; (3) Additional BMPs, including a schedule to install or implement the BMPs; and (4) Other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 60 Background concentrations of specific pollutants may also be considered during the investigation. If the operator is able to relate the cause of the exceedance to background concentrations, then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of stormwater run- on to the permitted facility, by laboratory analyses of samples of stormwater run-off from adjacent non-industrial areas, or by identifying the pollutant is a naturally occurring material in soils at the site. 2. BMPs and SWP3 Requirements Minimum Stormwater Pollution Prevention Plan (SWP3) Requirements - The following are required in addition to other SWP3 requirements listed in this section: (a) Description of Potential Pollutant Sources - The SWP3 must provide a description of potential sources (activities and materials) that may reasonably be expected to affect the quality of stormwater discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe practices that that will be used to reduce the pollutants in these discharges to assure compliance with this general permit, including the protection of water quality, and must ensure the implementation of these practices. The following must be developed, at a minimum, in support of developing this description: (1) Drainage – The site map must include the following information: a. The location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; b. A depiction of the drainage area and the direction of flow to the outfall(s); c. Structural controls used within the drainage area(s); d. The locations of the following areas associated with concrete batch plants that are exposed to precipitation: vehicle and equipment maintenance activities (including fueling, repair, and storage areas for vehicles and equipment scheduled for maintenance); areas used for the treatment, storage, or disposal of wastes listed in the TPDES CGP TXR150000; liquid storage tanks; material processing and storage areas; and loading and unloading areas; and e. The locations of the following: any bag house or other dust control device(s); recycle or sedimentation pond, clarifier or other device used for the treatment of facility wastewater (including the areas that drain to the treatment device); areas with significant materials; and areas where major spills or leaks have occurred. (2) Inventory of Exposed Materials – A list of materials handled at the concrete batch plant that may be exposed to stormwater and that have a potential to affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (3) Spills and Leaks - A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed, maintained, and updated. (4) Sampling Data - A summary of existing stormwater discharge sampling data must be maintained, if available. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 61 (b) Measures and Controls - The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3’s “Description of Potential Pollutant Sources” from Part VI.E.2.(a) of this permit, and a schedule for implementation of the measures and controls. This must include, at a minimum: (1) Good Housekeeping - Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. a. Operators must prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel), settled dust, or other significant materials from paved portions of the site that are exposed to stormwater. Measures used to minimize the presence of these materials may include regular sweeping or other equivalent practices. These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation, and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. b. Operators must prevent the exposure of fine granular solids, such as cement, to stormwater. Where practicable, these materials must be stored in enclosed silos, hoppers or buildings, in covered areas, or under covering. (2) Spill Prevention and Response Procedures - Areas where potential spills that can contribute pollutants to stormwater runoff, and the drainage areas from these locations, must be identified in the SWP3. Where appropriate, the SWP3 must specify material handling procedures, storage requirements, and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (3) Inspections - Qualified facility personnel (for example, a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) must be identified to inspect designated equipment and areas of the facility specified in the SWP3. The inspection frequency must be specified in the SWP3 based upon a consideration of the level of concrete production at the facility, but must be a minimum of once per month while the facility is in operation. The inspection must take place while the facility is in operation and must, at a minimum, include all areas that are exposed to stormwater at the site, including material handling areas, above ground storage tanks, hoppers or silos, dust collection or containment systems, truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections must be maintained and be made readily available for inspection upon request. (4) Employee Training - An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3, or personnel otherwise responsible for stormwater pollution prevention, with the provisions of the SWP3. The frequency of training must be documented in the SWP3, and at a minimum, must consist of one training prior to the initiation of operation of the concrete batch plant. (5) Record Keeping and Internal Reporting Procedures - A description of spills and similar incidents, plus additional information that is obtained regarding the quality and quantity of stormwater discharges, must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section E Page 62 (6) Management of Runoff - The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff, including use of infiltration, detention ponds, retention ponds, or reusing of runoff. (c) Comprehensive Compliance Evaluation – At least once per year, one (1) or more qualified personnel (for example, a person or persons with knowledge of this general permit, the concrete batch plant, and the SWP3 related to the concrete batch plant(s) for the site) shall conduct a compliance evaluation of the plant. The evaluation must include the following: (1) Visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of, or the potential for, pollutants entering the drainage system. These include but are not limited to: cleaning areas, material handling areas, above ground storage tanks, hoppers or silos, dust collection or containment systems, and truck wash down and equipment cleaning areas. Measures implemented to reduce pollutants in runoff (including structural controls and implementation of management practices) must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee’s SWP3. The operator shall conduct a visual inspection of equipment needed to implement the SWP3, such as spill response equipment. (2) Based on the results of the evaluation, the following must be revised as appropriate within two (2) weeks of the evaluation: the description of potential pollutant sources identified in the SWP3 (as required in Part VI.E.2(a), “Description of Potential Pollutant Sources”); and pollution prevention measures and controls identified in the SWP3 (as required in Part VI.E.2.(b) “Measures and Controls”). The revisions may include a schedule for implementing the necessary changes. (3) The permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation, the personnel making the evaluation, the date(s) of the evaluation, major observations relating to the implementation of the SWP3, and actions taken in response to the findings of the evaluation. The report must identify any incidents of noncompliance. Where the report does not identify incidences of noncompliance, the report must contain a statement that the evaluation did not identify any incidence(s), and the report must be signed according to 30 TAC §305.128, relating to Signatories to Reports. (4) The Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part VI.E.2.(b)(3) of this general permit. 3. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit. These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner. Discharges of concrete truck washout at construction sites may be authorized if conducted in accordance with the requirements of Part VI of this general permit. 4. Concrete Truck Wash Out Requirements This general permit authorizes the wash out of concrete trucks at construction sites regulated under this section of the general permit, provided the following requirements are Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section F, G H, & I Page 63 met. Authorization is limited to the land disposal of wash out water from concrete trucks. Any other direct discharge of concrete production waste water must be authorized under a separate TCEQ general permit or individual permit. (a) Direct discharge of concrete truck wash out water to surface water in the state, including discharge to storm sewers, is prohibited by this general permit. (b) Concrete truck wash out water shall be discharged to areas at the construction site where structural controls have been established to prevent direct discharge to surface waters or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent direct discharge to surface waters. Structural controls may consist of temporary berms, temporary shallow pits, temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. (c) Wash out of concrete trucks during rainfall events shall be minimized. The direct discharge of concrete truck wash out water is prohibited at all times, and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck washout as the result of rain. (d) The discharge of wash out water shall not cause or contribute to groundwater contamination. (e) If a SWP3 is required to be implemented, the SWP3 shall include concrete wash out areas on the associated map. Section F. Effective Date of Coverage Construction activities may not commence under this section until the MS4 NOI and SWMP are approved in writing by the TCEQ. Following approval of the NOI and SWMP, operators of construction activities eligible for coverage under this general permit are authorized to discharge stormwater associated with construction activity immediately upon posting the signed construction site notice required under this section. Section G. Deadlines for SWP3 Preparation and Compliance The SWP3 must: 1. Be completed and initially implemented prior to commencing construction activities that result in soil disturbance; 2. Be updated as necessary to reflect the changing conditions of new contractors, new areas of responsibility, and changes in best management practices; and 3. Provide for compliance with the terms and conditions of this general permit. Section H. Plan Review and Making Plans Available The SWP3 must be retained on-site at the construction site or made readily available at the time of an on-site inspection to: the executive director; a federal, state, or local agency approving sediment and erosion plans, grading plans, or stormwater management plans; and to local government officials. Section I. Keeping Plans Current The permittee shall amend the SWP3 whenever either of the following occurs: Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 64 1. There is a change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3; or 2. Results of inspections or investigations by site operators, authorized TCEQ personnel, or a federal, state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. Section J. Contents of SWP3 The SWP3 must include, at a minimum, the information described in this section. 1. Site Description A site description, or project description, which must include: (a) A description of the nature of the construction activity, potential pollutants and sources; (b) A description of the intended schedule or sequence of major activities that will disturb soils for major portions of the site; (c) The number of acres of the entire construction site property and the total number of acres of the site where construction activities will occur, including off-site material storage areas, overburden and stockpiles of dirt, and borrow areas; (d) Data describing the soil type or the quality of any discharge from the site; (e) A map showing the general location of the site (e.g. a portion of a city or county map); (f) A detailed site map indicating the following: (1) Drainage patterns and approximate slopes anticipated after major grading activities; (2) Areas where soil disturbance will occur; (3) Locations of all major structural controls either planned or in place; (4) Locations where temporary or permanent stabilization practices are expected to be used; (5) Locations of construction support activities, including off-site activities that are authorized under the permittee’s NOI, including material, waste, borrow, fill, or equipment storage areas; (6) Surface waters (including wetlands) either at, adjacent, or in close proximity to the site; (7) Locations where stormwater discharges from the site directly to a surface water body or a MS4; and (8) Vehicle wash areas. (g) The location and description of asphalt plants and concrete plants (if any) providing support to the construction site and that are also authorized under this general permit; (h) The name of receiving waters at or near the site that will be disturbed or that will receive discharges from disturbed areas of the project; and (i) A copy of Part VI of this TPDES general permit. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 65 2. Structural and non-structural controls The SWP3 must describe the structural and the non-structural controls (BMPs) that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for implementation and the party responsible for implementation. At a minimum, the description must include the following components: Erosion and Sediment Controls (a) Erosion and sediment controls must be designed to retain sediment on-site to the maximum extent practicable with consideration for local topography and rainfall. (b) Control measures must be properly selected, installed, and maintained according to the manufacturer’s or designer’s specifications. If periodic inspections or other information indicates a control has been used incorrectly, or that the control is performing inadequately, the operator must replace or modify the control. (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capacity has been reduced by 50 percent. (d) If sediment escapes the site, accumulations must be removed at a frequency to minimize further negative effects. and, whenever feasible, prior to the next rain event. (e) Controls must be developed to limit offsite transport of litter, construction debris, and construction materials by stormwater runoff. 3. Stabilization Practices The SWP3 must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans must ensure that existing vegetation is preserved where possible. (a) Stabilization practices may include but are not limited to: establishment of temporary vegetation, establishment of permanent vegetation, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of existing trees and vegetation, and other similar measures. (b) The following records must be maintained and either attached to or referenced in the SWP3 and made readily available upon request to the parties in Part VI.H. of this general permit: (1) The dates when major grading activities occur; (2) The dates when construction activities temporarily or permanently cease on a portion of the site; and (3) The dates when stabilization measures are initiated. (c) Stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily or permanently ceased, and will not resume for a period exceeding 14 calendar days, except as provided in (1) and (2) below. (1) Where the initiation of stabilization measures by the 14th day after construction activity temporarily or permanently ceased is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. (2) Where the initiation of stabilization measures by the 14th day after construction activity has temporarily or permanently ceased is precluded by seasonably arid conditions, stabilization measures must be initiated as soon as practicable. These Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 66 conditions exist in arid areas, semiarid areas, and areas experiencing drought conditions. 4. Structural Control Practices The SWP3 must include a description of any structural control practices used to divert flows away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the off-site transport of eroded soils. (a) Sites with a drainage area of ten (10) or more acres: (1) A sediment basin is required, where feasible, for a common drainage location that serves an area with ten (10) or more acres disturbed at one time. A sedimentation basin may be temporary or permanent, but must provide sufficient storage to contain a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained. When calculating the volume of runoff from a 2-year, 24- hour storm event, it is not required to include the flows from off-site areas and flow from on-site areas that are either undisturbed or have already undergone final stabilization, if these flows are diverted around both the disturbed areas of the site and the sediment basin. Capacity calculations must be included in the SWP3. (2) Where rainfall data is not available or a calculation cannot be performed the sedimentation basin must provide at least 3,600 cubic feet of storage per acre drained until the site reaches final stabilization. (3) If a sedimentation basin is not feasible, then the permittee shall provide equivalent control measures until the site reaches final stabilization. In determining whether installing a sediment basin is feasible, the permittee may consider factors such as site soils, slope, available area, public safety, precipitation pattern, site geometry, site vegetation, infiltration capacity, geotechnical factors, depth to groundwater, and other similar considerations. The permittee shall document the reason that the sediment basins are not feasible, and shall utilize equivalent control measures, which may include a series of smaller sediment basins. (4) Perimeter Controls – At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (b) Controls for sites with drainage areas less than ten acres: (1) Sediment traps and sediment basins may be used to control solids in stormwater runoff for drainage locations serving less than ten (10) acres. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down slope boundaries of the construction area, and for those side slope boundaries deemed appropriate as dictated by individual site conditions. (2) Alternatively, a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained may be utilized. Where rainfall data is not available or a calculation cannot be performed, a temporary or permanent sediment basin providing 3,600 cubic feet of storage per acre drained may be provided. If a calculation is performed, then the calculation shall be included in the SWP3. Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 67 5. Permanent Stormwater Controls A description of any measures that will be installed during the construction process to control pollutants in stormwater discharges that will occur after construction operations have been completed must be included in the SWP3. Permittees are only responsible for the installation and maintenance of stormwater management measures prior to final stabilization of the site. 6. Other Controls (a) Off-site vehicle tracking of sediments and the generation of dust must be minimized. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to reduce pollutants from these materials. (c) The SWP3 must include a description of pollutant sources from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. 7. Effluent Limits The federal Effluent Limitations Guidelines at 40 CFR § 450.21 apply to all regulated construction activities under this 7th optional MCM, where the small MS4 is the operator. 8. Approved State and Local Plans (a) The permittee shall ensure the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits, or stormwater management site plans or site permits approved by federal, state, or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits, or stormwater management site plans or site permits approved by state or local official for whom the permittee receives written notice. 9. Maintenance All erosion and sediment control measures and other protective measures identified in the SWP3 must be maintained in effective operating condition. If through inspections the permittee determines that BMPs are not operating effectively, maintenance must be performed before the next anticipated storm event or as necessary to maintain the continued effectiveness of stormwater controls. If maintenance prior to the next anticipated storm event is impracticable, maintenance must be scheduled and accomplished as soon as practicable. 10. Inspections of Controls (a) Personnel provided by the permittee must inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, discharge locations, and structural controls for evidence of, or the potential for, pollutants entering the drainage system. Personnel conducting these inspections must be knowledgeable of this general permit, familiar with the construction site, and knowledgeable of the SWP3 for the site. Sediment and erosion Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section J Page 68 control measures identified in the SWP3 must be inspected to ensure that they are operating correctly. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking. Inspections must be conducted at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater. Where sites have been finally or temporarily stabilized or where runoff is unlikely due to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), inspections must be conducted at least once every month. In arid or semi-arid, or drought-stricken areas, inspections must be conducted at least once every month and within 24 hours after the end of a storm event of 0.5 inches or greater As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, then the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of “dry” season and beginning of “wet” season). (b) Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part VI.J.10(a) above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected at least once every 14 calendar days and within 24 hours of the end of a storm event of 0.5 inches, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described in Part VI.J.10.(a) above. The conditions of the controls along each inspected 0.25 mile portion may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile portion to either the end of the next 0.25 mile inspected portion, or to the end of the project, whichever occurs first. As an alternative to the above-described inspection schedule of once every 14 calendar days and within 24 hours of a storm event of 0.5 inches or greater, the SWP3 may be developed to require that these inspections will occur at least once every seven (7) calendar days. If this alternative schedule is developed, the inspection must occur on a specifically defined day, regardless of whether or not there has been a rainfall event since the previous inspection. The inspections may occur on either schedule provided that the SWP3 reflects the current schedule and that any changes to the schedule are conducted in accordance with the following provisions: the schedule may be changed a maximum of one time each month, the schedule change must be implemented at the beginning of a calendar month, and the reason for the schedule change must be documented in the SWP3 (e.g., end of “dry” season and beginning of “wet” season). Small MS4 General Permit TPDES General Permit TXR040000 Part VI, Section K Page 69 (c) In the event of flooding or other uncontrollable situations that prohibit access to the inspection sites, inspections must be conducted as soon as access is practicable. (d) The SWP3 must be modified based on the results of inspections, as necessary, to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven (7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary, an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. (e) A report summarizing the scope of the inspection, the date(s) of the inspection, and major observations relating to the implementation of the SWP3 must be made and retained as part of the SWP3. Major observations should include: The locations of discharges of sediment or other pollutants from the site; locations of BMPs that need to be maintained; locations of BMPs that failed to operate as designed or proved inadequate for a particular location; and locations where additional BMPs are needed. Actions taken as a result of inspections must be described within, and retained as a part of, the SWP3. Reports must identify any incidents of non-compliance. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be signed by the person and in the manner required by 30 TAC §305.128 (relating to Signatories to Reports). (f) The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. 11. Pollution Prevention Measures The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge. Section K. Additional Retention of Records The permittee shall retain the following records for a minimum period of three (3) years from the date that final stabilization has been achieved on all portions of the site. Records include: 1. A copy of the SWP3; and 2. All reports and actions required by this section, including copies of the construction site notices. PAGE 1 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT STATE OF TEXAS § § INTERLOCAL GOVERNMENTAL COUNTY OF DALLAS § AGREEMENT This Interlocal Agreement ("AGREEMENT") for the joint submission of a Stormwater Management Program to satisfy the requirements of the permit application to the Texas Commission on Environmental Quality (TCEQ) for compliance with Phase II municipal stormwater discharges to waters of the U.S. (hereafter referred to as the “PROGRAM”) is made and entered into by and between the City of Coppell, Texas, a municipal corporation located in Dallas County, Texas ("CITY"), and the Northwest Dallas County Flood Control District as created by the Texas Legislature (H. B. 2390, Act 69th Legislature, Regular Session, 1985) (hereafter referred to as the “DISTRICT”). Recitals: WHEREAS, the CITY and the DISTRICT mutually desire to enter into an AGREEMENT to partner with each other in the joint submission of a Stormwater Management Program to the TCEQ for compliance with Phase II requirements of Section 402(p) of the Clean Water Act; and WHEREAS, Chapter 791, TEXAS GOVERNMENT CODE, as amended (the "ACT"), provides authorization for Local Governments to contract with each other for functions in which both entities are mutually interested; and WHEREAS, by definition in Chapter 791, Texas Government Code, the CITY and the DISTRICT are both defined as Local Governments; and WHEREAS, it has been determined that approval of this AGREEMENT will be mutually advantageous to the CITY and the DISTRICT; and NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the CITY and the DISTRICT hereby contract, covenant, warrant and agree as follows: PAGE 2 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT Article I Adoption of Preamble All of the matters stated in the preamble of this AGREEMENT are true and correct and are hereby incorporated into the body of the AGREEMENT as though fully set forth in their entirety herein. Article II Obligation of the Parties 2.1 The CITY and the DISTRICT have independently contracted, paid and received for Engineering Stormwater Management Program related to the DISTRICT and the CITY concerning the storm water management of the NW Flood Control District located within the jurisdictional boundaries of the CITY. The CITY and the DISTRICT agree to a joint submission of a Stormwater Management Program to the TCEQ in compliance with the Phase II requirements related to the flood control district. 2.2 The CITY and the DISTRICT agree that services related to the inspection and maintenance of District-owned facilities within the DISTRICT boundaries will continue to be conducted at the sole cost and the financial responsibility of the DISTRICT. 2.3 The CITY and the DISTRICT agree that the CITY will perform the required portions of the Stormwater Management Program in regards to the minimum control measures in accordance with its Stormwater Management Program to include: 1. Public Education, Outreach, and Involvement 2. Illicit Discharge Detection and Elimination 3. Construction Site Stormwater Runoff Control 4. Post-Construction Stormwater Management in New Development and Redevelopment 5. Pollution Prevention and Good Housekeeping for Municipal Operations 2.4 The CITY and the DISTRICT agree that each respective entity will be responsible within their area of involvement for minimum control measure 5, Pollution Prevention/Good Housekeeping for Municipal Operations. 2.5 The CITY and the DISTRICT agree that the DISTRICT will provide detailed information on activities within the DISTRICT boundaries to the CITY as needed so that the CITY may complete its annual report to the TCEQ. 2.6 The CITY and the DISTRICT agree that each respective entity will be responsible for record keeping, and submittal of any and all required forms and notifications to the TCEQ under the terms of their permit, or as required by the Stormwater Management Program PAGE 3 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT Article III Indemnification and Hold Harmless THE DISTRICT AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE NEGLIGENCE OR ACTIONS OF EMPLOYEES OR AGENTS OF THE DISTRICT DURING THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT PROGRAM TO THE EXTENT PERMITTED BY LAW. THE CITY AGREES TO INDEMNIFY AND HOLD THE DISTRICT HARMLESS FROM ANY CLAIM BY A THIRD PARTY FOR DAMAGES ARISING FROM OR RESULTING FROM THE NEGLIGENCE OR ACTIONS OF EMPLOYEES OR AGENTS OF THE CITY DURING THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT PROGRAM TO THE EXTENT PERMITTED BY LAW. HOWEVER, THE INDEMNIFICATION AND HOLD HARMLESS CONTAINED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SOVEREIGN IMMUNITY ALLOWED PURSUANT TO TEX. CIV. PROC. & REM. CODE, SECTION 101.001 ET SEQ., OR OTHERWISE. Article IV Notices 4.1 Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: If to the DISTRICT: If to the CITY: Northwest Dallas County Flood Control District City of Coppell c/o Mr. Pete Eckert c/o City Engineer 3960 Broadway Boulevard, Suite 220-O 265 Parkway Blvd. Garland, Texas 75043 Coppell, TX 75019 4.2 A change of address may be made by either party upon the giving of ten (10) days prior written notice. PAGE 4 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT Article V Miscellaneous Provisions 5.1 This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 5.2 This AGREEMENT constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter hereof. 5.4 No amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties. 5.5 This AGREEMENT may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5.6 If, in case, any one or more of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 5.7 The obligations and undertakings of each of the parties to this AGREEMENT are and shall be performable in Dallas County, Texas. 5.8 Each party hereto warrants that it has received authority from its governing body to enter into this AGREEMENT. (signature page to follow) PAGE 5 OF 5 INTERLOCAL GOVERNMENTAL AGREEMENT EXECUTED this ___ day of ______, 2019. NORTHWEST DALLAS COUNTY CITY OF COPPELL, TEXAS FLOOD CONTROL DISTRICT By:_______________________________ By:___________________________ Wayne Reynolds Karen Selbo Hunt President Mayor ATTEST: ATTEST: ___________________________________ ______________________________ Christel Pettinos City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: ____________________________________ ______________________________ Robert Hager Attorney City Attorney Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4570 File ID: Type: Status: 2018-4570 Agenda Item Agenda Ready 2Version: Reference: In Control: City Council 06/09/2019File Created: Final Action: Stacked Storage PD-299-CFile Name: Title: PUBLIC HEARING: Consider approval of PD-299-C, Stacked Storage, zoning change request from C (Commercial) to PD-299-C (Planned Development-299- Commercial) to allow 5,100 square feet of office and 17,000 square feet of storage area, with a maximum building height of 35’ on 2.7 acres of property located at the northeast corner of SH 121 and Coppell Road, and to amend the Land Use Map of the Coppell 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” at the request of Michael Cole, Stacked Storage. Notes: Agenda Date: 07/09/2019 Agenda Number: 10. Sponsors: Enactment Date: Council cover memo.pdf, Building Elevations.pdf, Land Use Plan Amendment.pdf, Landscape Plan.pdf, Renderings, Screening Wall Elevation and Monument Sign.pdf, Site Plan.pdf, Staff Report.pdf, Tree Mitigation Plan.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 06/20/2019Planning & Zoning Commission 2 07/09/2019City Council Text of Legislative File 2018-4570 Title PUBLIC HEARING: Consider approval of PD-299-C, Stacked Storage, zoning change request from C Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4570) (Commercial) to PD-299-C (Planned Development-299- Commercial) to allow 5,100 square feet of office and 17,000 square feet of storage area, with a maximum building height of 35’ on 2.7 acres of property located at the northeast corner of SH 121 and Coppell Road, and to amend the Land Use Map of the Coppell 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” at the request of Michael Cole, Stacked Storage. Summary Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 9, 2019 Reference: Consider approval of a zoning change to PD-299-C to allow 5,100 square feet of office and 17,000 square feet of storage area, with a maximum building height of 35’ on 2.7 acres of property located at the northeast corner of SH 121 and Coppell Road, and to amend the Land Use Map of the Coppell 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” 2030: Business Prosperity Executive Summary: This is a two-part request, part one is an amendment to the 2030 Comprehensive Plan to amend the Future Land Use Map from “Urban Residential Neighborhood” to “Freeway Special District’ and the second part is to rezone this property from Commercial (C) to a Planned Development (PD) for Office and Stacked Storage uses. Introduction: Land Use Amendment The subject property is an irregularly shaped tract which fronts SH 121 and Coppell Road, and abuts the Willow Park subdivision to the east. This property is not suitable for residential development and a low intensity, non-residential use would provide both a visual and a sound buffer between the existing residential and the heavily traveled freeway. Therefore, the amendment to the Land Use designation that supports commercial uses (Freeway Special District) is appropriate. Planned Development (PD) This PD request would allow for 5,100 square feet of office space, which is intended to be small incubator type offices, along the Coppell Road frontage and 17,000 square feet for a “stacked storage” concept. The proposed use is similar to “PODS” and all activities will be internal to the building, with no outside storage to be permitted. This facility will generally operate during normal business hours and will have minimal traffic. The building’s design mimics a warehouse/office instead of a mini-warehouse facility. The property exceeds the minimums of the landscape ordinance, a full 48% of the site will be devoted to landscaping. Approximately 20 existing trees are to be preserved along the street frontages in addition to all the trees in the flood plain area. The property is heavily treed, with over 2,000 caliper inches of protected trees on this less than three-acre site. Given the size and age of the trees to be removed, the tree mitigation fees may amount to approximately $100,000, even applying the allowed 58% preservation 2 credit and upsizing of all overstory trees to be planted with this development. If this property was zoned Light Industrial, then the 490 caliper inches of trees within the footprint of the building would be netted from the total fee due, and the mitigation fee would be reduced to approximately $30,000. While staff cannot recommend the reduction in the mitigation fees, City Council may provide this relief as part of the consideration of the PD if deemed appropriate. Neighborhood Discussions Prior to submitting a formal application to the city, the developer met with representatives from the neighborhood numerous times, to discuss the project and discuss their concerns. During these discussions the homeowners provided a list of requests, many of which could not be fulfilled due to practical and technical issues, such as: connection to the existing trail system; the provision of a community play area in the flood plain, among others. However, the proposed developer will be replacing the abutting homeowner’s existing 6’ wood fences along the common property line with a 6’ masonry fence which matches the material of the existing screening walls in Willow Park. Also, per request of the neighbors, the building elevations were modified to eliminate the glass along the façade facing the residential, to insure there will not be any glare issues onto the neighborhood. Analysis: On June 20, 2019 the Planning and Zoning Commission recommended approval of PD-299-C, Stacked Storage and the amendment to the 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” subject to the following conditions: 1. The property shall be platted prior to the issuance of a building permit. 2. A tree removal permit shall be required prior to the removal of any trees on the site. 3. There will be additional comments at the time of detail engineering review and building permit. 4. The following PD Conditions shall be made part of the Ordinance: A. Hours of Operation will be: Mon. - Fri.: 9 a.m. - 6 p.m. Saturday: 8 a.m. - 4 p.m. Closed Sundays (*Limited access may be available outside of normal business hours by appointment only) Access to storage pods will be controlled and limited to business hours only, 24hr Access will not be permitted. B. Prohibited materials - Any item or material that is considered illegal, hazardous or alive will not be permitted, including combustible and toxic materials, chemicals, food products, animals, plants, weapons, etc. C. Absolutely NO outside storage will be permitted at any time D. The property owner (Stacked Storage) will build and maintain a 6-foot tall, double-thick masonry brick screening wall where they abut the Willow Park subdivision, which will match the existing Willow Park entry wall. a. This screening wall shall replace the existing wood fences, in coordination with the abutting property owners. b. The wall shall be constructed in accordance with the City of Coppell Standards. c. This wall shall be maintained by the PD-299-C property owners (Stacked Storage and/or future property owners) in perpetuity. E. The building materials shall be as indicated on the building elevations, including: Painted Concrete Panels (Dark Tan, Dark Brown, Dark Gray, Light Tan), modular Brick – Ebony, Limestone Block (Coronado Stone) – Cream, and Metal Trim (Dark Gray, White, Black) F. All site lighting provided will meet the City of Coppell Development Code article 36 standards for glare and lighting. 3 G. All attached signs and the monument sign shall be in accordance with the Sign Regulations. Legal Review: This did not require city attorney review Fiscal Impact: None Recommendation: The Planning Department recommends APPROVAL of PD-299-C, Stacked Storage and the amendment to the 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” Attachments: 1. Staff Report 2. Land Use Amendment Exhibit 3. Site Plan 4. Landscape Plan 5. Tree Survey and Mitigation Plan 6. Building Elevations 7. Renderings, Screening Wall Elevations, and Monument Sign. Northwest West Southeast South / Southwest 20' 6"35' 0"36' 6"36' 6"16' 0"35' 0"20' 6"18' 0"12' 6"35' 0"18' 0"20' 6"35' 0"Modular Brick: Ebony Spandrel Glazing Painted Concrete Panels: SW7040: Dark Brown SW7674: Dark Gray SW9173: Light Tan SW9174: Dark Tan Metal Awning Painted White Painted Concrete Panels: SW7040: Dark Brown SW7674: Dark Gray SW9173: Light Tan SW9174: Dark Tan 12 x 24 Limestone: Cream Painted Concrete Panels: SW7040: Dark Brown SW7674: Dark Gray SW9173: Light Tan SW9174: Dark Tan Metal Pergola Painted Black 12 x 24 Limestone: Cream Painted Concrete Panels: SW7040: Dark Brown SW7674: Dark Gray SW9173: Light Tan SW9174: Dark Tan Blue Tinted Glazing & Aluminum Framing Modular Brick: Ebony 16'8'4'0' 1/8" = 1'-0" Northeast Modular Brick: Ebony Spandrel Glazing Painted Concrete Panels: SW7040: Dark Brown SW7674: Dark Gray SW9173: Light Tan SW9174: Dark Tan Blue Tinted Glazing & Aluminum Framing 16' 0" 3' 7"16' 10" Attached Lighted Wall Sign (White) Lettered Individually Mounted, Typical 3 Sides 30' 6" amend the Land Use Map of Coppell 2030, Comprehensive Master Planfrom “Urban Residential Neighborhood” to “Freeway Special District” Painted Concrete Panels: SW7040: Dark Brown SW7674: Dark Gray SW9173: Light Tan SW9174: Dark Tan (Main Color) Corporate Accent Reveal Color 17,500 SQFT (84.42%) Spandrel Glazing / Blue Tinted Glazing & Aluminum Framing 12 x 24 Limestone: Coronado Stone - Cream 1,870 SQFT (9.02%) Modular Brick: Acme Brick - Ebony 1,360 SQFT (6.56%) Painted Trim & Metal: Paint: SW7020: Dark Gray Paint: SW7757: White Paint: SW6258: Black Sherwin-Williams view @ main entrance view from north coppell road entry view from highway 121 screening wall 2' 1"4' 0"5"6' 0"1' 10"2"2' 0"2"1' 10"6' 0"10' 0" Brick & Pattern to Match Adjacent Residential Community Wall Cast Concrete (SW9173) Brick (Ebony) Painted Accent 6" Address Lettering (SW7020) 10" Halo Lighted Logo Sign monumental sign (conceptual design) elevation is repeated on both sides view from covered patio view from storage bay loading/unloading OUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUTBM MNS 483.28' 2001 2003DNF N22°52'59"W 48.78' N05°34'42"W 24.32'N48°04'58"E 188.05'N42°54'58"E 33.80'N48°24'23"E 349.35'S69°5 2 ' 1 1 " E 2 1 0 . 5 8 'S53°26'42"W 329.31'S00°19'56"E 179.92'S89°30'15"W 337.12'STATE HIGHWAY No. 121(VARIABLE WIDTH PUBLIC RIGHT-OF- WAY) COLUMN TELETELE RIM=482.9' RIM=477.4' RIM=470.7' UP UP UP UP UP CAUTION LEFT TURN GAS UP/UG EMUC GASYIELD GP GP GP GP OU OU OU OU LOT 21 LOT 22 LOT 23 LOT 24 LOT 2X LOT 20 DAVINCI COURTINST.# 201100027028O.P.R.D.C.T.WILLOW PARK INST.# 201100027028 O.P.R.D.C.T. WV FH WVWV FH WV WALL RIM=478.8' FL 18" STORM=464.8' 463 463 4 6 446546 6 467468469466 467468 469470 471 472 473 474475476 477478479 480 481 482 483 484485485484483482482483484 485 485485484483 485 486 486484 N. COPPELL ROAD (60' PUBLIC RIGTH-OF-WAY)486487480479 BUFFALO BAYOU, BRAZOS AND COLORADO RAILROAD COMPANY SURVEY - ABSTRACT NO. 145 PATIENCE PILES SURVEY ABSTRACT NO. 1772 O.P.R.D.C.T. RIM=468.2' THE STATE OF TEXAS INST.# 201200052425 O.P.R.D.C.T.479480 478 477476 475474 473472471 LOT 3X LOT 19 13" ELM (M)40444 8" ELM (M)40445 T24PECAN40446 T24PECAN40447 9" ELM40448 10" ELM 40449 12" ELM40450 8" ELM 40451 10" ELM 40452 T7PECAN40453 6" ELM40454 7" ELM40455 8" ELM40456 6" ELM40457T8BOISDARC 40458 17" ELM40459 6" ELM40460 9" ELM40461 10" ELM40462 11" ELM 40463 6" ELM40464 6" H A C K B E R R Y 40 4 6 5 7" ELM (M)40466 7" ELM40467 9" ELM (M)40468 7" ELM40469 10" HACKBERRY40470 10" ELM40471 T24PECAN M40472 T15PECAN40473 T22PECAN40477 T14PECAN40478 T6MULBERRY40479 T6MULBERRY40480 T6MULBERRY40481 6" ELM40484 6" ELM40485 8" ELM40486T6MULBERRY40487 T12MULBERRY40488 T24PECAN40489 T12PECAN 40490 6" ELM40492 6" ELM40493 7" ELM40494 6" ELM40495 T11BOISDARC40496 8" ELM40497 T13 H I C K O R Y ( M ) 4049 8 7" ELM40499 BOISDARC " 10405008" ELM40501 10" ELM40502 6" BOISDARC40503 7" ELM 40504 6" ELM4050510" ELM40506 7" ELM40507 21" PECAN40508 18" PECAN40509 24" ELM M40510 6" ELM40511 TE12 4051 2 10" ELM 40513 10" ELM40514 16" ELM (M)40515 10" ELM (M) 40516 18" OAK 40179 19" OAK 40180 19" OAK 40181 16" OAK 4017612" OAK 40177 23" OAK 4017810" OAK 4018212" OAK 40183 19" OAK 40184 23" OAK 40185 13" OAK 40193 14" OAK 40194 14" OAK 40195 17" OAK 40197 19" OAK 40199 12" OAK 40200 12" OAK 40201 23" OAK 40202 25" OAK 40203 22" OAK 40204 11" OAK 40243 16" OAK 40244 26" OAK 40245 27" OAK 40246 20" OAK 40247 11" OAK 40249 14" OAK 40353 12" OAK 4035412" OAK 40355 STORAGE+/- 17,000 SF PROPOSED FF: 483.00 24' OFFICES (+/- 5,100 SF)PATIO DECOMPOSED GRANITE WALK CONNECTION FIRELANEFIRELA N E FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI R E L A N E 24' 24'24' 30' SETBACK 30' SETBACK UE GAS EX-W EX-W EX-W EX-W EX-WWW WW EX-WFH SSSSSSSSEX-SS EX-SS SS FH EX-WEX-WEX-WEX-WEX-WEX-WPROPOSED GRATE INLET REFER TO DRAINAGE PLAN PROPOSED GRATE INLET REFER TO DRAINAGE PLAN PROPOSED GRATE INLET REFER TO DRAINAGE PLAN PROPOSED FIRE LANE PAVEMENT PER CITY OF COPPELL SPECIFICATIONS (TYP.) PROPOSED 5' SIDEWALK INSTALL "STOP" SIGN 20'PROPOSED DRAINAGE OUTLET REFER TO DRAINAGE PLAN 77 3 9 9' 12' 18' PROPOSED DUMPSTER LOCATION AND SCREENING (PER CITY OF COPPELL STANDARDS) 9' 18' 11' 5' 9' 100 YEAR FLOOD PLAIN 8' 8' 5' 5' 2.4' 70.5' 6.5' 34.0' 224.3' 5' PROPOSED 8' SIDEWALK 34.0' 35.0'30.0' PROPOSED MONUMENT SIGN TO MEET CITY ORDINACEREQUIREMENTS FOR MATERIALS, COLORS, ETC. - REF. ARCH.(Max. 6'x10' Footprint) VAULT / DDCV ASSEMBLY PROPOSED FIRE HYDRANT INSTALL "STOP" SIGN DECORATIVE DRIVEWAY PAVING PER CITY STANDARDS (TYP.) FDC EXISTING UTILITY EASEMENTEXISTING UTILITY EASEMENT PROPOSED UTILITY EASEMENTSPROPOSED UTILITY EASEMENTS PROPOSED UTILITY EASEMENTPROPOSED UTILITY EASEMENT PROPOSED UTILITY EASEMENTSPROPOSED UTILITY EASEMENTS PROPOSED UTILITY EASEMENTPROPOSED UTILITY EASEMENT VAULT / DDCV ASSEMBLY FIRE SPRINKLER RISER ROOM PROPOSED 6' HT. DOUBLE THICK MASONRY BRICK SCREEN WALL TO MATCH ADJACENT WILLOW PARK WALL. PROPOSED 6' HT. DOUBLE THICK MASONRY BRICK SCREEN WALL TO MATCH ADJACENT WILLOW PARK WALL. PROPOSED 6' HT. DOUBLE THICK MASONRY BRICK SCREEN WALL TO MATCH ADJACENT WILLOW PARK WALL. +/- 170'24'+/- 186'24'+/- 130' PROPOSED FIRE HYDRANT EXISTING 12" WATER LINE EXISTING 12" WATER LINE 25' EROSION HAZARD SETBACK (PER CITY OF COPPELL) 25' EROSION HAZARD SETBACK(PER CITY OF COPPELL) LEGEND GRAPHIC SCALE FEET06030 ** NOTICE TO CONTRACTORS - TOPOGRAPHIC SURVEY ** TOPOGRAPHIC INFORMATION TAKEN FROM A TOPOGRAPHIC SURVEY PERFORMED BY JPH LAND SURVEYING INC. THE CONTRACTOR SHALL NOTIFY THE ENGINEER IMMEDIATELY, IN WRITING, OF ANY DISCREPANCIES OR OMISSIONS TO THE TOPOGRAPHIC INFORMATION. THE CONTRACTOR(S) SHALL BE RESPONSIBLE FOR CONFIRMING THE LOCATION (HORIZONTAL/VERTICAL) OF ANY BURIED CABLES, CONDUITS, PIPES, AND STRUCTURES (STORM SEWER, SANITARY SEWER, WATER, GAS, TELEVISION, TELEPHONE, ETC.) WHICH IMPACT THE CONSTRUCTION SITE. THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY DISCREPANCIES ARE FOUND BETWEEN THE ACTUAL CONDITIONS VERSUS THE DATA CONTAINED IN THE CONSTRUCTION PLANS. ANY COSTS INCURRED AS THE RESULT OF NOT CONFIRMING THE ACTUAL LOCATION (HORIZONTAL/VERTICAL) OF SAID CABLES, CONDUITS, PIPES, AND STRUCTURES SHALL BE BORNE BY THE CONTRACTOR. ADDITIONALLY, THE CONTRACTOR(S) SHALL NOTIFY THE OWNER AND ENGINEER IF ANY ERRORS OR DISCREPANCIES ARE FOUND ON THE CONSTRUCTION DOCUMENTS (PS&E), WHICH NEGATIVELY IMPACT THE PROJECT. THE ENGINEER AND OWNER SHALL BE INDEMNIFIED OF PROBLEMS AND/OR COST WHICH MAY RESULT FROM CONTRACTOR'S FAILURE TO NOTIFY ENGINEER AND OWNER. THESE PLANS ARE SUBJECT TO REVIEW & APPROVAL BY JURISDICTIONAL ENTITIES. THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF ANY EXISTING UTILITIES AS SHOWN ON THESE PLANS ARE BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, THE GOVERNING MUNICIPALITY, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION PROVIDED IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANY AT LEAST 48 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THESE PLANS. **NOTICE TO CONTRACTORS - UTILITIES** Know what's below.before you dig.Call R PROPOSED FACE AND BACK OF CURB PROPOSED FIRE LANE PAVEMENT PROPOSED HEAVY DUTY PAVEMENT PROPOSED SIDEWALK DECORATIVE DRIVEWAY PAVING - CITY REQUIRED PROPOSED SIGN CONCEPTUAL TRAFFIC MOVEMENT PATTERN FIRE LANE STRIPING PROPOSED FIRE HYDRANT PROPOSED SANITARY MANHOLE PROPOSED GRATE INLET ACCESSIBLE ROUTE PARKING COUNT FH FIRELANE 1 REVISIONSDATE BY JOB NUMBER: DATE: CHECKED BY: DRAWN BY: DESIGNED BY:This drawing was prepared by Adams Consulting Engineers, Inc. (Adams) as an instrument of service, and shall remain the propertyof Adams. The information hereon shall be used only by the client to whom the services are rendered and only for the purpose ofconstructing or installing the work as shown at the designated location and site. Any other use, including (without limitation) anyreproduction or alteration, is strictly prohibited, and the user shall hold harmless and indemnify Adams from all liabilities which mayarise from such unauthorized use.CCopyright 2019, Adams8951 Cypress Waters Blvd, Ste 150 ■ Dallas, Texas 75019 ■ (817) 328-3200C Copyright 2019, Adams SHEET: STACKED OFFICE & STORAGEE 721 N. COPPELL ROAD, COPPELL, TX06/11/2019 2018-107 SITE PLANC4.0 DWL JRK      FILENAME: C4.0 SITE PLAN.dwgPLOTTED BY: James KindredPLOTTED ON: Monday, June 10, 2019 PLOTTED AT: 5:08:07 PMJF    PLOTTED WITH: PDF-XChange For AcroPlot Pro.pc3FULL PATH: I:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-ProductionI:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-Production\C4.0 SITE PLANSTANDARD ACCESSIBILITY REQUIREMENTS PARKING: ACCESSIBLE PARKING SPACES SHALL BE AS NOTED TO A MIN. 96" WIDE OR A MIN. 132" WIDE FOR VAN DESIGNATED SPACES WITH A MAXIMUM SLOPE OF 2% (IN ALL DIRECTIONS). ALL BUILDINGS SHALL CONTAIN AT LEAST ONE VAN ACCESSIBLE SPACE FOR NO LESS THAN ONE VAN SPACE FOR EVERY 6 ACCESSIBLE SPACES. EACH ACCESSIBLE PARKING SPACE SHALL HAVE A VERTICALLY MOUNTED (OR SUSPENDED) SIGN SHOWING THE SYMBOL OF ACCESSIBILITY. APPROPRIATE VAN ACCESSIBLE SPACES MUST INCORPORATE "VAN-ACCESSIBLE" BELOW THE SYMBOL OF ACCESSIBILITY. SIGNS SHALL BE LOCATED AS NOTED TO 80" (MIN.) ABOVE THE ADJACENT PAVED SURFACE TO BOTTOM OF SIGN. ALL ACCESS AISLES SERVING ACCESSIBLE PARKING SPACES SHALL BE AS NOTED TO A 60" WIDE MINIMUM. RAMPS: RAMPS EXCEEDING 6" IN RISE (EXCLUDING CURB RAMPS) SHALL HAVE APPROPRIATE EDGE PROTECTION WITH HANDRAILS ON EACH SIDE AT BETWEEN 34" AND 38", AND EXTEND 12" BEYOND THE TOP AND BOTTOM OF RAMP. HANDRAIL SHALL NOT DIMINISH THE CLEAR AREA REQUIRED FOR TOP AND BOTTOM LANDINGS SERVING THE RAMPS. RAMPS SHALL HAVE A SURFACE ARRANGED SO THAT WATER WILL NOT ACCUMULATE. COLOR OF RAMP FINISH MATERIAL (INCLUDING CONCRETE) SHALL HAVE A LIGHT AND REFLECTIVE VALUE TO SIGNIFICANTLY CONTRAST FROM ADJACENT SURFACES OR COLORS ONLY IF REQUIRED BY LOCAL OR STATE JURISDICTION LANDINGS FOR RAMPS SHALL BE AS WIDE AS THE RAMP AND 60" LONG MINIMUM (36" MINIMUM FOR CURB RAMPS) RAMPS SHALL NOT EXCEED A 1:12 RUNNING SLOPE OR 30" RISE RAMPS AND LANDINGS SHALL NOT EXCEED 1:48 (2% CROSS SLOPE) SIDEWALKS AND ACCESSIBLE ROUTES: SIDEWALKS MUST BE AT LEAST 36" WIDE WITH 5'X5' CLEAR PASSING OPPORTUNITIESIN INCREMENTS LESS THAN 150 LF SIDEWALK CROSS SLOPE SHALL NOT EXCEED 1:48 (2%) LONGITUDINAL SLOPE OF ANY SIDEWALK (ACCESSIBLE ROUTE) SHALL NOT EXCEED 1:20 (5%) A B C D E F G H I J ENGINEER/CONSULTANT: ADAMS ENGINEERING 8951 CYPRESS WATERS BLVD. SUITE 150 DALLAS, TEXAS 75019 CONTACT: DENNIS W. LANG, PE PHONE: (817) 328-3200 EMAIL: dennis.lang@adams-engineering.com APPLICANT: STACKED 1208 TWIN CREEK SOUTHLAKE, TEXAS 76092 CONTACT: MIKE COLE PHONE: (214) 500-5422 EMAIL: mike@stackedselfstorage.com SITE DATA SUMMARY CHART EXISTING ZONING EXISTING LAND USE PROPOSED ZONING SQ. FOOTAGE OF PROPOSED USE - STORAGE BUILDING HEIGHT REQUIRED PARKING PROPOSED LOT COVERAGE PROVIDED PARKING "C"EXISTING URBAN RESIDENTIAL "PD-299-C"17,000 Office: 18' Storage: 35' Office: 17 Storage: 9 29.0% (24,120 SF) BUILDING AREA (GROSS SF) 22,100 SQ. FOOTAGE OF PROPOSED USE - OFFICE 5,100 Office: 17 Storage: 9 ARCHITECT/CONSULTANT: JACOBS & ASSOCIATES 701 CANYON DRIVE, SUITE 110 COPPELL, TEXAS 75019 CONTACT: DENNIS W. LANG, PE PHONE: (972) 331-5699 EMAIL: kditto@jacobsonline.com SITE LIGHTING NOTE ALL SITE LIGHTING PROVIDED WILL MEET THE CITY OF COPPELL DEVELOPMENT CODE ARTICLE 36 STANDARDS FOR GLARE AND LIGHTING. PROPOSED LAND USE PROPOSED FREEWAY SPECIAL DISTRICT P.D. CONDITIONS 1) Hours of Operation will be:  Mon. - Fri.: 9 a.m to 6 p.m. Saturday: 8 a.m. - 4 p.m. Closed Sundays (*Limited access may be available outside of normal business hours by appointment only) ·Access to storage pods will be controlled and limited to business hours only.  24hr access will not be permitted. 2) Prohibited materials -  Any item or material that is considered illegal, hazardous or alive will not be permitted, including hazardous, combustible and toxic materials, chemicals, food products, animals, plants, weapons, etc. 3) Absolutely NO outside storage will be permitted at any time. 4)            The property owner (Stacked Storage) will build and maintain a 6-foot tall, double-thick masonry brick screening wall which will match the existing Willow Park entry wall. This screening wall shall replace the existing wood fences in coordination with the abutting property owners. The wall shall be constructed in accordance with the City of Coppell Standards. This wall shall be maintained by the PD-299-C property owners (Stacked Storage               and/or future property owners)  in perpetuity.  5)           The building materials shall be as indicated on the building elevations including: ·Painted Concrete Panels (Dark Tan, Dark Brown, Dark Gray, Light Tan) ·Modular Brick - Ebony ·Limestone Block (Coronado Stone) - Cream ·Metal Trim (Dark Gray, White, Black) 6) Faux storage doors will not be be permitted on the building at any time. 7) All site lighting provided will meet the City of Coppell Development Code article 36 standards for glare and lighting. Item 3 Page 1 of 5 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-299-C, Stacked Storage P&Z HEARING DATE: June 20, 2019 C.C. HEARING DATE: July 9, 2019 STAFF REP.: Marcie Diamond, Assistant Director of Community Development/ Planning LOCATION: Northeast corner of SH 121 and Coppell Road SIZE OF AREA: 2.7 acres of property CURRENT ZONING: C (Commercial) REQUEST: PD-299-C (Planned Development-299-Commercial) to allow 5,100 square feet of office and 17,000 square feet of storage area, with a maximum building height of 35’, and to amend the Land Use Map of Coppell 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” APPLICANT: Prospective Purchaser: Engineer: Michael Cole Jimmy Fechter Stacked Storage Adams Engineering 1208 Twin Creek 8951 Cypress Waters Blvd, Suite 150 Southlake, Texas 76092 Dallas, Texas 75019 214-500-5422 817-328-3200 mncole2005@gmail.com <jimmy.fechter@adams-engineering.com Architect: Jacobs & Associates 701 Canyon Drive, Suite 110 Coppell, Texas 75019 972-331-5699 HISTORY: This parcel is the former site of a mobile home park which was vacated when Verizon constructed a mid-rise office building just south of this request in the late 90’s. In April of 2004, a request for a Special Use Permit to allow a miniature golf course, batting cages, and ancillary uses (indoor amusement and food service) on 5.87 acres of property was approved by Planning Commission. In May, the case was approved by City Council, but the project was never constructed. Item 3 Page 2 of 5 In 2008, PD-244-TH-2 was approved which allowed 24 detached townhouse units, known as Willow Park, and to amend the Land Use Plan of the 1996 Comprehensive Plan from “Freeway Commercial and Light Industrial/Showroom” to “Residential – Medium Density.” TRANSPORTATION: SH 121 is a freeway, built to standard. Coppell Road is an improved, two-lane, concrete roadway classified as a C2U contained within a 50 to 60-foot right-of-way. SURROUNDING LAND USE & ZONING: North-Vacant, flood plain; “C”, (Commercial) South- Five-story office building; PD-171R2-HC (Planned Development for Highway Commercial uses (office)) East- Willow Park Townhomes “PD-244-TH-2” (Planned Development for 24 Townhomes West- State Highway 121; PD-136R2- LI (Planned Development for Light Industrial Uses. COMPREHENSIVE PLAN: The 2030 Comprehensive Plan of shows the property as suitable for “Urban Residential Neighborhood”. Proposed to be amended to Freeway Special District. DISCUSSION: This is a two-part request, part one is an amendment to the 2030 Comprehensive Plan to amend the Future Land Use Map from “Urban Residential Neighborhood” back to “Freeway Special District’ and the second part is to rezone this property from Commercial to a PD for Office and Stacked Storage uses. Land Use Amendment As mentioned above, approximately 10 years ago this property was rezoned and the Land Use Map was amended from commercial and industrial to residential medium density to allow the single family use on the property to the east of the subject property. Since that time, Willow Park was developed with 24 homes on lots generally ranging from 3,500 to 4,500 square feet. The subject property is an irregularly shaped tract which fronts on SH 121 and Coppell Road, and abuts Willow Park subdivision to the east. This property is not suitable for residential development and a low intensity, non-residential use could provide a visual and sound buffer between the existing residential and the heavily traveled freeway. Therefore, the amendment to the Land Use designation that support commercial uses (Freeway Special District) is appropriate. Planned Development (PD) Specifically, the zoning request is a PD for office and stacked storage uses. The office areas are intended to be small incubator type offices along Coppell Road frontage. The remaining 17,000 square feet will be for a “stacked storage” concept. The following is a description of the use as provided by the prospective purchaser/developer/owner. Item 3 Page 3 of 5 “Stacked” is a privately owned and operated commercial real estate company specializing in office and storage space. We operate two main lines of business: workspace and storage. Our workspace offerings include shared coworking space, individual desks and private office rentals. Our storage business is what sets us apart. Operating out of the same facility, we offer containerized storage units for rent. Similar to PODS, our units are portable which enables us to move them with a forklift and stack them in our warehouse. Our storage containers are accessible on-site in a designated loading zone, providing customers with best in class convenience and security. Not only can we accommodate the storage needs of our office tenants, we also provide flexible storage options for local businesses and residents. This business will generally operate during normal business hours and will be low traffic generator. It is anticipated to have less than 50 visits per day, including the office function. Site Plan/Landscape Plan Tree Mitigation The site plan indicates a 22,100 square foot building, with 17 parking spaces to accommodate the offices along the front and an additional 9 spaces to serve the stacked storage area. There will be a fire lane along the frontage of SH 121 which will terminate in a cul-de-sac along the northside of the building which includes the loading zone with a paved area to accommodate fire truck maneuvering. The property exceeds the minimums of the landscape ordinance by providing the landscape buffers along the property lines, the parking lot landscaping and non- vehicular landscaping most of which is the flood plain area to the north. A full 48% of the site will be devoted to landscaping. Approximately 20 existing trees are to be preserved along the street frontages in addition to all the trees in the flood plain area. The proposed 22 overstory trees have been upsized to 4-inch caliper to defray some of the mitigation fees. The property is heavily treed, with over 2,000 caliper inches of protected trees on this less than three-acre site. To allow for development on this property, approximately one half of the trees will need to be removed. Given the size and age of the trees to be removed, the tree mitigation fees may amount to approximately $100,000, even applying the allowed 58% preservation credit and upsizing of all overstory trees to be planted with this development. It must be noted that that if this property was zoned Light Industrial, similar to the properties on the other side of SH 121, then the 490 caliper inches of trees within the footprint of the building would be netted from the total fee due, and the mitigation fee would be reduced to approximately $30,000. While staff cannot recommend the reduction in the mitigation fees, City Council may provide this relief as part of the consideration of the PD if deemed appropriate. Item 3 Page 4 of 5 Building Elevations The applicant for this project submitted a variety of building elevations over the past year, none of which would be acceptable at this location. However, those currently being requested are the are appropriate in that they compatible with materials, heights and form of other non-residential developments along SH 121, including 750 Canyon and the recent Wisenbaker development to the south of this property. Along the frontage of Coppell Road the one-story office portion will be a combination of limestone and brick with large windows. The materials proposed for the storage area are a mixture three earth tone concrete panels, with glass accents at the corners. The east, west and south facades, which are visible from adjacent rights-of way and the residential properties, will not contain any typical “mini-storage” type doors, as all of the access to the storage area will be limited to the three at grade, overhead doors on the north side of the building. These doors, nor the site will not accommodate 18-wheeled trucks. The signage will be limited to two building signs and a monument sign at the corner of SH 121 and Canyon Road, to be compliant with the Sign Ordinance. Neighborhood Discussions Prior to submitting a formal application to the city, the developer met with representatives from the neighborhood numerous times, to discuss the project and discuss their concerns. During these discussions the homeowners provided a list of requests, many of which could not be fulfilled due to practical and technical issues, such as connection to the existing trail system, the provision of a community play area in the flood plain, among others. However, the proposed developer has agreed to replace the abutting homeowner’s existing 6’ wood fences along the common property line with a 6’ masonry fence which matches the material of the existing screening walls in Willow Park. Also, per request of the neighbors, the building elevations were modified to eliminate the glass along the façade facing the residential, to insure there will no be any glare issues onto the neighborhood. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of the amendment to the Land Use Map of Coppell 2030, A Comprehensive Master Plan from “Urban Residential Neighborhood” to “Freeway Special District” and APPROVAL of PD-299-C, Stacked Storage subject to the following conditions: 1. The property shall be platted prior to the issuance of a building permit. 2. A tree removal permit shall be required prior to the removal of any trees on the site. 3. There will be additional comments at the time of detail engineering review and building permit. 4. The following PD Conditions shall be made part of the Ordinance: Item 3 Page 5 of 5 A. Hours of Operation will be: Mon. - Fri.: 9 a.m. - 6 p.m. Saturday: 8 a.m. - 4 p.m. Closed Sundays (*Limited access may be available outside of normal business hours by appointment only) Access to storage pods will be controlled and limited to business hours only, 24hr Access will not be permitted. B. Prohibited materials - Any item or material that is considered illegal, hazardous or alive will not be permitted, including Hazardous, combustible and toxic materials, chemicals, food products, animals, plants, weapons, etc. C. Absolutely NO outside storage will be permitted at any time D. The property owner (Stacked Storage) will build and maintain a 6-foot tall, double-thick masonry brick screening wall which will match the existing Willow Park entry wall. a. This screening wall shall replace the existing wood fences, in coordination with the abutting property owners. b. The wall shall be constructed in accordance with the City of Coppell Standards. c. This wall shall be maintained by the PD-299-C property owners (Stacked Storage and/or future property owners) in perpetuity. E. The building materials shall be as indicated on the building elevations, including: Painted Concrete Panels (Dark Tan, Dark Brown, Dark Gray, Light Tan), modular Brick – Ebony, Limestone Block (Coronado Stone) – Cream, and Metal Trim (Dark Gray, White, Black) F. All site lighting provided will meet the City of Coppell Development Code article 36 standards for glare and lighting. G. All attached signs and the monument sign shall be in accordance with the Sign Regulations. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Land Use Amendment Exhibit 2. Site Plan 3. Landscape Plan 4. Tree Survey and Mitigation Plan 5. Building Elevations 6. Renderings, Screening Wall Elevations, and Monument Sign. OUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOUOU2001 2003DNF COLUMN TELETELE RIM=482.9' RIM=477.4' RIM=470.7' UP UP UP UP UP GAS UP/UG EMUC GASGP GP GP GP OU OU OU OU WALL RIM=478.8' FL 18" STORM=464.8' FENCE RIM=468.2' 13" ELM (M)40444 8" ELM (M)40445 T24PECAN40446 T24PECAN40447 9" ELM40448 10" ELM 40449 12" ELM40450 8" ELM 40451 10" ELM 40452 T7PECAN40453 6" ELM40454 7" ELM40455 8" ELM40456 6" ELM40457T8BOISDARC 40458 17" ELM40459 6" ELM40460 9" ELM40461 10" ELM40462 11" ELM 40463 6" ELM40464 6" H A C K B E R R Y 4 0 4 6 5 7" ELM (M)40466 7" ELM40467 9" ELM (M)40468 7" ELM40469 10" HACKBERRY40470 10" ELM40471 T24PECAN M40472 T15PECAN40473 T22PECAN40477 T14PECAN40478 T6MULBERRY40479 T6MULBERRY40480 T6MULBERRY40481 6" ELM40484 6" ELM40485 8" ELM40486T6MULBERRY40487 T12MULBERRY40488 T24PECAN40489 T12PECAN 40490 6" ELM40492 6" ELM40493 7" ELM40494 6" ELM40495 T11BOISDARC40496 8" ELM40497 T13 H I C K O R Y ( M ) 4049 8 7" ELM40499 BOISDARC " 10 40500 8" ELM40501 10" ELM40502 6" BOISDARC40503 7" ELM 40504 6" ELM4050510" ELM40506 7" ELM40507 21" PECAN40508 18" PECAN40509 24" ELM M40510 6" ELM40511 TE12 4051 2 10" ELM 40513 10" ELM40514 16" ELM (M)40515 10" ELM (M) 40516 19" OAK 40196 18" OAK 40179 19" OAK 40180 19" OAK 40181 16" OAK 4017612" OAK 40177 23" OAK 4017810" OAK 4018212" OAK 40183 19" OAK 40184 23" OAK 40185 15" OAK 4018620" OAK 40187 12" OAK 40188 15" OAK 40189 17" OAK 40190 20" OAK 40191 13" OAK 40193 14" OAK 4019414" OAK 40195 19" OAK 40196 17" OAK 40197 16" OAK 40198 19" OAK 40199 12" OAK 40200 12" OAK 40201 23" OAK 40202 25" OAK 40203 22" OAK 40204 11" OAK 40205 16" OAK 40206 15" OAK 40207 11" OAK 40209 12" OAK 40210 9" OAK 40211 20" OAK 40212 31" ELM 40213 12" OAK 40214 15" OAK 40215 24" OAK 4021612" OAK 40217 13" OAK 40218 13" OAK 40219 13" OAK 40220 16" OAK 40221 15" OAK 40222 14" OAK 40223 12" OAK 40224 21" OAK 40225 19" OAK 40226 19" OAK 40227 32" OAK 40228 23" OAK 40229 15" OAK 40230 15" OAK 40231 13" OAK 40232 20" OAK 40233 15" OAK 40234 13" OAK 40235 15" OAK 40236 10" OAK 40237 16" OAK 40238 8" OAK 40239 9" OAK 40240 20" OAK 40241 10" OAK 40242 11" OAK 40243 16" OAK 40244 26" OAK 40245 27" OAK 40246 20" OAK 40247 14" OAK 40248 11" OAK 40249 14" OAK 40353 12" OAK 40354 12" OAK 40355 21" CHITHAM 40364 34" HACK 40373 18" PECAN 40374 29" PECAN 40375 30" ELM 40474 10" ELM 40475 6" ELM 40476 6" HACKBERRY 40482 6" HACKBERRY 40483 STORAGE +/- 17,000 SFPROPOSED FF: 483.00 OFFICES (+/- 5,100 SF)PATIO FIRELANEFIRELA N E FIRELANE FIRELANE FIRELANE FIRELANE FIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFIRELANEFI R E L A N E (1) 17" OAKTO REMAIN (TYP.) 100 YEAR FLOOD PLAIN (1) 23" OAK TO REMAIN (TYP.) (1) 13" OAK(2) 14" OAKS TO REMAIN (TYP.) (1) 10" OAK(1) 12" OAK (1) 19" OAK TO REMAIN (TYP.) (2) 19" OAKS TO REMAIN (TYP.) (1) 23" OAK TO REMAIN (TYP.) (1) 18" OAK TO REMAIN (TYP.) (1) 12" OAK(1) 16" OAK TO REMAIN (TYP.) (1) 27" OAK TO REMAIN (TYP.) (1) 16" OAK(1) 26" OAK TO REMAIN (TYP.) (1) 11" OAK TO REMAIN (TYP.) (1) 11" OAK (1) 12" OAK(1) 14" OAK (1) 20" OAK TO REMAIN (TYP.) (1) 11" OAK (1) 12" OAK(1) 14" OAK (1) 20" OAK TO REMAIN (TYP.) (2) 12" OAK(1) 19" OAK (1) 23" OAKTO REMAIN (TYP.) (2) 12" OAK(1) 19" OAK (1) 23" OAKTO REMAIN (TYP.) (1) 22" OAK TO REMAIN (TYP.) (1) 25" OAK TO REMAIN (TYP.) (1) 12" OAK(1) 16" OAK TO REMAIN (TYP.) TREES TO BE REMOVED (TYP.) TREES TO BEREMOVED (TYP.)TREES TO BEREMOVED (TYP.)TREES TO BEREMOVED (TYP.) TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.) TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.) TREES TO BE REMOVED (TYP.)TREES TO BE REMOVED (TYP.) TREES TO BE REMOVED (TYP.) TREES TO BE REMOVED (TYP.)REVISIONSDATE BY JOB NUMBER: DATE: CHECKED BY: DRAWN BY: DESIGNED BY:This drawing was prepared by Adams Consulting Engineers, Inc. (Adams) as an instrument of service, and shall remain the propertyof Adams. The information hereon shall be used only by the client to whom the services are rendered and only for the purpose ofconstructing or installing the work as shown at the designated location and site. Any other use, including (without limitation) anyreproduction or alteration, is strictly prohibited, and the user shall hold harmless and indemnify Adams from all liabilities which mayarise from such unauthorized use.CCopyright 2019, Adams8951 Cypress Waters Blvd, Ste 150 ■ Dallas, Texas 75019 ■ (817) 328-3200C Copyright 2019, Adams SHEET: STACKED OFFICE & STORAGEE 721 N. COPPELL ROAD, COPPELL, TX06/11/2019 TBPE Registration #: F-1002 2018-107 THIS DOCUMENT IS RELEASED FORTHE PURPOSE OF INTERIM REVIEW,AGENCY APPROVAL, AND COMMENT UNDER THE AUTHORITY OF JAMES R. KINDRED, ASLA LANDSCAPE ARCHITECT No. 2255, ON 06/10/19 THIS DOCUMENT IS NOT TO BE USED FORCONSTRUCTION PURPOSESTREE MITIGATION PLANL0.0 JRK JRK      FILENAME: L0.0 TREE MITIGATION PLAN.dwgPLOTTED BY: James KindredPLOTTED ON: Monday, June 10, 2019 PLOTTED AT: 5:13:26 PMJF    PLOTTED WITH: PDF-XChange For AcroPlot Pro.pc3FULL PATH: I:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-ProductionI:\Projects\2018\2018.107 Stacked Self Storage - Coppell, TX\Drawings\03-Production\L0.0 TREE MITIGATION PLANGRAPHIC SCALE FEET06030 1" = 30' PROTECTED EXISTING TREES TO REMAIN (996 CAL. INCHES): QUANT. TREE TYPE QUANT. TREE TYPE (1) 10" OAK (1) 17" OAK (2) 11" OAKS (1) 18" OAK (5) 12" OAKS (4) 19" OAKS (1) 13" OAKS (1) 20" OAK (3) 14" OAKS (1) 22" OAK (2) 16" OAKS (3) 23" OAK (12) 6" ELMS (8) 7" ELMS (6) 8" ELMS (3) 9" ELMS (10) 10" ELMS (1) 11" ELM (2) 12" ELMS (1) 13" ELM (1) 16" ELM (1) 17" ELM (1) 7" PECAN (1) 12" PECAN (1) 14" PECAN (1) 15" PECAN (2) 18" PECANS (1) 21" PECAN (1) 22" PECAN (4) 6" MULBERRY (1) 12" MULBERRY (1) 13" HICKORY (1) 10" HACKBERRY (1) 10" BOIS D'ARC (1) 11 BOIS D'ARC PROTECTED EXISTING SPECIMEN TREES TO REMAIN (198 CAL. INCHES): QUANT. TREE TYPE (1) 24" ELM (4) 24" PECANS (2) 25" OAK (1) 26" OAK (1) 27" OAK NON-PROTECTED EXISTING TREES TO REMAIN (20 CAL. INCHES): QUANT. TREE TYPE QUANT. TREE TYPE (1) 6" HACKBERRY (1) 6" BOIS D'ARC (1) 8" BOIS D'ARC PROTECTED EXISTING TREES REMOVED (1 : 1 RATIO - 543 CAL. INCHES): QUANT. TREE TYPE QUANT. TREE TYPE (1) 29" PECAN (3) 16" OAKS (1) 18" PECAN (1) 17" OAK (1) 21" CHITHAM (3) 19" OAKS (1) 9" OAK (3) 20" OAKS (2) 11" OAKS (1) 21" OAK (5) 12" OAKS (1) 23" OAK (3) 13" OAKS (1) 6" ELM (2) 14" OAKS (1) 10" ELM (7) 15" OAKS PROTECTED EXISTING SPECIMENT TREES REMOVED (10 : 1 RATIO - 1,800 CAL. INCHES): QUANT. TREE TYPE (1) 24" OAK (1) 29" PECAN (1) 30" OAK (1) 31" OAK (1) 32" OAK (1) 34" HACKBERRY TOTAL TREE MITIGATION INCHES (BEING REMOVED) Protected Trees: 543 Inches Protected Specimen Trees: 1,800 Inches TOTAL REQUIRED MITIGATION INCHES: 2,343 Inches TOTAL TREE INCHES TO REMAIN: Non-Protected Trees: 20 Inches Protected Trees: 996 Inches Protected Specimen Trees: 198 Inches (10:1 RATIO - 1,980) TOTAL TREE INCHES REMAINING: 1,214 Inches (2,996) TREE MITIGATION CALCULATIONS LANDSCAPE ARCHITECT / CONSULTANT: ADAMS ENGINEERING 8951 CYPRESS WATERS BLVD. SUITE 150 DALLAS, TEXAS 75019 CONTACT: JAMES R. KINDRED, R.L.A., ASLA PHONE: (817) 328-3200 EMAIL: james.kindred@adams-engineering.com APPLICANT: STACKED 1208 TWIN CREEK SOUTHLAKE, TEXAS 76092 CONTACT: MIKE COLE PHONE: (214) 500-5422 EMAIL: mike@stackedselfstorage.com CITY OF COPPELL TREE PROTECTION REQUIREMENTS: Sec. 12-34-2-9. - Guidelines for tree protection. A major purpose of article 34, division 2 is to protect all existing quality site trees which are not required to be removed for approved development and construction to occur. The following are minimum requirements for the protection of all protected trees within 50 feet of all development and construction activities related, but not limited, to streets, parking lots, building sites, driveways, and sidewalks. (A) Prior to construction or land development, the developer or builder must clearly mark all protected trees within 50 feet of all public rights-of-way, public easements, or construction areas. The protected trees will be flagged with bright, fluorescent survey ribbon wrapped around the main trunk at a height of four feet from natural grade such that the tape is very visible to construction workers and equipment operators. (B) Prior to construction or land development, the developer or builder shall establish designated parking areas for the parking and maintenance of all vehicles, trailers, construction equipment, and related items, as well as stockpile areas for the storage of construction supplies and materials. After approval by the city manager or designee, the location and dimensions of said designated areas shall be clearly identified on construction and site plans and at the construction site. (C) In those situations where the drip line of a protected tree is not directly affected by construction but construction related activities may infringe on said drip-line, protective fencing shall be installed at minimum around the drip-line designating a tree protection zone. The fencing must be a minimum of four feet in height with silt fencing attached to the base of the fence. Bright, fluorescent survey ribbon must be attached to the protective fencing at ten-foot intervals. (D) Bilingual (English and Spanish) signage will be conspicuously located on all protective fencing designating a tree protection zone. (E) Every effort will be made to retain understory vegetation and leaf litter during all phases of development and construction. If understory vegetation and/or leaf litter is removed, the critical root zone within the tree protection zone will be mulched with three to six inches of organic material to aid in keeping soil temperatures down and in the retention of soil moisture. (F) Underground utilities may be bored if the line of the utility passes within a tree protection or critical root zone. (G) Grade changes in excess of four inches cut or fill within a tree protection or critical root zone will require a retaining wall or tree well, made of rock or brick, to be constructed around the protected tree no closer than 75 percent of the distance between the trunk and the drip line. The top of the retaining wall should be constructed at the new grade. Additional measures to maintain proper oxygen and water exchange with the protected tree roots may also be required. (H) All protected trees shall be provided with a permeable surface under a minimum of 75 percent of the existing drip line of the tree(s). Sec. 12-34-2-10. - Prohibited activities. The following activities shall be prohibited on any development or construction site within a tree protection zone or the drip line of any protected tree: (A) No construction vehicle or equipment traffic or parking shall take place. (B) No materials intended for use in development or construction, or waste materials accumulated due to excavation or demolition, shall be placed or stored. (C) No equipment shall be cleaned or liquids deposited or allowed to flow overland. This includes, but is not limited to, paint, oil, solvents, asphalt, concrete, mortar, and similar materials. (D) Grade changes in excess of four inches shall not be made unless properly protected by a retaining wall or tree well as described in section 12-34-2-9. (E) No water, which accumulates due to construction-related activities, shall be permitted to remain around any protected tree. (F) No signs, wires, or other attachments, other than those of a protective nature, shall be attached to any protected tree. (G) Except for these aforesaid exemptions in section 12-34-2-6, under no circumstances shall there be a clear cutting of trees on a property for any purpose at any time. (H) No person, directly or indirectly, shall cut down, destroy, effectively destroy through damaging, remove, or move any tree, protected tree, specimen tree, or historic tree without a tree removal permit at any time unless exempted by section 12-34-2-6. (I) No person, directly or indirectly, shall act in concert with an owner, occupant, lessor, lessee or any person claiming an interest in property to enter into any agreement, contract, negotiation, letter of intent or any other type of arrangement to circumvent the prohibitions contained herein or to otherwise qualify for an exemption from the provisions of this ordinance. TREE PROTECTION NOTES Sec. 12-34-2-12. - Protected tree replacement. Removal of any protected tree(s) will require a tree removal permit and replacing or replanting of tree(s) on site or on public land, as designated by the city manager or his designee. Required tree replacement will be determined as follows: (A) In as much as it is reasonable and feasible, replanting on the development or construction site will be made to restore the original natural landscape character of the site. 1. Protected trees will be replanted at a replacement ratio of one inch DBH of replacement tree for each one inch DBH of removed tree. 2. Specimen trees will be replanted at a replacement ratio of ten inches DBH of replacement tree for each one inch DBH of removed tree. 3. Historic trees must be preserved and cannot be removed unless "hardship" is applied for and approved by the city council. a. If a hardship is approved, trees shall be replanted at a replacement ratio of ten inches DBH of replacement tree for each one inch DBH of removed tree. 4. Replacement trees must be a minimum of three inches DBH, seven feet in height, and be of the same, or more desirable, protected species. (B) To the extent that tree replacement is not feasible, the city manager or his designee shall determine the amount of indemnification to be paid by the developer. Upon determination of indemnification, said payment shall be made to the City of Coppell Reforestation and natural area funds based on amounts indicated which is as follows: 1. For protected trees, reparation will be made in the amount of $100.00 per one inch DBH for trees less than 12 inches DBH and $200.00 per one inch DBH for trees 12 inches DBH and greater. 2. For specimen trees, reparation will be made for the appraised value of the removed tree as determined by CLTA (council of landscaping tree appraisers) guidelines. 3. Historic trees must be preserved and cannot be removed unless "hardship" is applied for and approved by the city council. a. If a hardship is approved, reparation will be made for the appraised value of the removed tree as determined by CLTA (council of landscaping tree appraisers) guidelines. (C) If any protected and/or replacement tree dies within two years of initial planting or issuance of certificate of occupancy and is brought to the attention of the city manager or his designee, the original permit applicant shall be subject to the same replacement as a protected tree in section 12-34-2-12. (D) Money paid in lieu of tree replacement made in compliance with article 34, division 2 shall be considered contributions to the City of Coppell Reforestation and Natural Areas Fund. This fund shall be used for purposes of, but not limited to: 1. Planting of trees in city parks, on public lands, and along public rights-of-way. 2. Purchasing of wooded, natural areas, particularly floodplain acreage, to preserve these highly-sensitive environmental areas for public protection and passive recreational enjoyment. 3. Educational projects, such as construction of outdoor learning centers or classroom/group tours led by foresters or park staff. (E) Except for one six-month extension approved by the city manager or his designee due only to seasonal limitations that would make planting of trees impractical and require an escrow deposit in an amount equal to 110 percent of the estimated cost of tree planting, no certificate of occupancy will be issued for any building or structure on the development or construction site until all required tree replacement and/or monetary reparation has been made in full. TREE PRESERVATION REQUIREMENTS In situations where a protected tree remains in the immediate area of intended construction, and the tree may be in danger of being damaged by construction equipment or other activity, the Contractor or Subcontractor shall protect the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent is to protect the trunk of the tree against incidental contact by large construction equipment. PROTECTED TREE 2" X 4" LUMBER WIRE FINISH GRADE BARK PROTECTION N.T.S. PROTECTED TREE DRIP LINE CRITICAL ROOT ZONE 20' TO OUTERMOST DRIP LINE CANOPY CRITICAL ROOT ZONE AREA N.T.S. DRIP LINE CRITICAL ROOT ZONE 20' TO OUTERMOST DRIP LINE HIGH VISABILITY PLASTIC MESH FENCE PROTECTIVE FENCING: Orange vinyl construction fencing, chain link fencing, snow fencing, or other similar fencing at least four feet (4') high and supported at a maximum of ten (10') foot intervals by approved methods sufficient enough to keep the fence upright and in place. The fencing shall be of a highly visible material. PRIOR TO CONSTRUCTION: The Contractor or Subcontractor shall construct and maintain, for each protected tree or group of trees on a construction site, a protective fencing which encircles the outer limits of the critical root zone of the trees to protect it from construction activity. All protective fencing shall be in place prior to commencement of any site work, and remain in place until all exterior work has been completed. PROTECTED TREE PROTECTED TREES TREE PROTECTION FENCING N.T.S. DRIP LINE DRIP LINE PROVIDED BY: NATIONAL ARBOR DAY FOUNDATION ILLUSTRATIONS A. Make a partial cut from beneath at a point several inches away from the trunk. B. Make a second cut several inches out and above the first cut to allow the limb to fall safely. C. Complete the job with a final cut just outside the branch collar, the raised area that surrounds the branch where it joins the trunk. TREE TOPPING: It shall be unlawful for any person to top any tree without having a tree permit approved by the Landscape Administrator. If the Landscape Administrator determines that topping the tree is necessary because the tree has been severely damaged by storms or other causes, or is in a circumstance which makes other pruning practices impractical, the Landscape Administrator may issue a tree permit allowing topping of the tree. A B C PRUNING N.T.S. BORING: Boring of utilities under protected trees shall be required in those circumstances where it is not possible to trench around the critical root zone of the protected tree. When required, the length of the bore shall be the width of the critical root zone at a minimum and shall be a minimum depth of 48 inches. TRENCH - 40% ROOT KILL TUNNELING SAVES ROOTS PROTECTED TREE BORING AND TUNNELING N.T.S. DRIP LINE SITE TREE INVENTORY Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4571 File ID: Type: Status: 2018-4571 Agenda Item Agenda Ready 2Version: Reference: In Control: City Council 06/09/2019File Created: Final Action: Biscuit Bar PD-209R2R-CFile Name: Title: PUBLIC HEARING: Consider approval of PD-209R2R-C, Town Oaks Centre (Biscuit Bar), zoning change request from PD-209R2-C (Planned Development-209-Revision 2-Commercial) to PD-209R2R-C (Planned Development-209-Revision 2 Revised-Commercial) to allow the re-occupancy of an existing vacant restaurant building requiring variances to the Zoning Ordinance including: the expansion of an outdoor patio area encroaching into the required setback area, five parking space deficit and sign variances on 0.57 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road, at the request of Alen Hinckley, being represented by Janie Burkett, The Biscuit Bar. Notes: Agenda Date: 07/09/2019 Agenda Number: 11. Sponsors: Enactment Date: Cover Memo.pdf, Staff Report.pdf, Site Plan.pdf, Exterior Elevations.pdf, Sign Package.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 06/20/2019Planning & Zoning Commission 2 07/09/2019City Council Text of Legislative File 2018-4571 Title PUBLIC HEARING: Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4571) Consider approval of PD-209R2R-C, Town Oaks Centre (Biscuit Bar), zoning change request from PD-209R2-C (Planned Development-209-Revision 2-Commercial) to PD-209R2R-C (Planned Development-209-Revision 2 Revised-Commercial) to allow the re-occupancy of an existing vacant restaurant building requiring variances to the Zoning Ordinance including: the expansion of an outdoor patio area encroaching into the required setback area, five parking space deficit and sign variances on 0.57 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road, at the request of Alen Hinckley, being represented by Janie Burkett, The Biscuit Bar. Summary Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 9, 2019 Reference: Consider approval of PD-209R2R-C to allow the re-occupancy of an existing vacant restaurant building requiring variances to the Zoning Ordinance including: the expansion of an outdoor patio area encroaching into the required setback area, five parking space deficit and sign variances on 0.57 acres of property located at the southeast corner of Sandy Lake Road and Denton Tap Road 2030: Business Prosperity Executive Summary: This request is to modify the reoccupy the former Mooyah lease space with a Biscuit Bar with seating for 116 diners. To accommodate this expansion variances are required to setbacks and parking and the applicant is requesting additional signage. Introduction: This PD request specifically includes; the enlargement of the existing patio area and adding a covering to this patio along Sandy Lake Road; the addition of an enclosed outdoor cooler and enclosing the existing dumpster area. This request also includes a setback variance for the patio a 5-parking space and a variance to the sign ordinance. The Sign Ordinance permits a maximum of 61.25 square footage of signage, based on frontage of this lease space. The applicant had requested four signs, totaling 123.33 square feet, two pan signs and two individually mounted yellow letters that read “biscuits.tots.taps” Staff recommended the elimination of the “biscuits.tots.taps” signs and the reduction in size of one of the pan signs, for a total of 69.2 square feet. During the discussion at the Planning and Zoning Commission meeting, a compromise was offered to allow the applicant a total of 80 square feet of signs, which could be designed to meet their need for branding recognition. In addition, a 10 square foot blade sign could be incorporated into the sign package. Subsequent to the meeting, the applicant submitted a sign package totaling 83 square feet. This is only slightly larger, and staff can support the request. Analysis: On June 20, 2019 the Planning and Zoning Commission recommended APPROVAL of PD-209R2R-C, TownOaks Centre, Biscuit Bar allowing setback variance for the patio, parking and sign variances, subject to a maximum of 80 square feet of signs, plus the blade sign, if desired. 2 Legal Review: This did not require city attorney review Fiscal Impact: None Recommendation: The Planning Department recommended APPROVAL of the PD request with a reduction of the signs from 123.33 square feet to 69.2 square feet. Attachments: 1. Staff Report 2. Site Plan 3. Building Elevations 4. Sign Package ITEM #4 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-209R2R-C, TownOaks Centre – Biscuit Bar P&Z HEARING DATE: June 20, 2019 C.C. HEARING DATE: July 9, 2019 STAFF REP.: Marcie Diamond, Assistant Director of Community Development/ Planning LOCATION: The southeast corner of Sandy Lake Road and Denton Tap Road SIZE OF AREA: 0.57 acres of property CURRENT ZONING: PD-209R2-C (Planned Development-209-Revision 2-Commercial) REQUEST: PD-209R2R-C (Planned Development-209-Revision 2 Revised -Commercial) to allow the to allow the re-occupancy of an existing vacant restaurant building for a Biscuit Bar, requiring variances to the Zoning Ordinance including: the expansion of an outdoor patio area encroaching into the required setback area, five parking space deficit and sign variances. APPLICANT: Architect: Owner: Allison Green Alen Hinckley Civitarese Morgan Architecture Coppell Village, LTD. 921 Riverfront Blvd. Suite 700 12201 Merit Drive, Suite 170 Dallas, Texas 75207 Dallas, Texas 75251 214-613-0680 972-991-4600 Allision@civitaresemorgan.com alen@yorkshire-us.com HISTORY: This property was originally platted into four lots in 1984. Lot 1 was platted for a restaurant pad site (current request area), Lots 2 and 4 for “strip” retail and Lot 3 for a Minyards grocery store. In March of that year, the Board of Adjustment granted a variance to the required ten-foot front yard, decreasing the landscape setback to seven feet. The applicant contended that they had already drawn the plans, etc, prior to the adoption of the ordinance requiring ten feet of landscaping and that providing the ten feet would create a hardship (current ordinances would require a minimum of 15 feet of landscaping along street rights-of-way). ITEM #4 Page 2 of 4 In January 2005, Council approved placing this property under a Planned Development District to allow a revised elevation and variances to the sign ordinance including a 150-square-foot attached sign for Express Fitness, and two 63-square feet, externally-lit monument signs with variances to the setback requirements. An additional sign variance was granted through the Planned Development processes, allowing a 51.9-square-foot sign for Tuesday Morning, where a 25.6-square-foot sign would normally be permitted. Since that time, the Tuesday Morning has been replaced by a Natural Grocers. This restaurant building also has a long zoning/occupancy history. This building was constructed for a restaurant use (Sliders and Blues) in 1992. In 1995, the SUP was amended to permit the patio to be enclosed. To satisfy the parking requirement of this expanded restaurant use, the property owner entered into a parking agreement with the abutting shopping center to allow the use of an additional 14 parking spaces. In 2001 CJ’s Clubhouse occupied this restaurant, and in April 2003 it was Kelly’s. From 2006 to 2007 Bin555 occupied this building. In 2008 the PD was amended to allow for the preoccupancy of this building for two restaurants, a Chipotle and a Mooyah. This amendment allowed for variances to setbacks, signs, materials. The current request is to reoccupy the former Mooyah lease space. TRANSPORTATION: Denton Tap Road is a six-lane divided thoroughfare built to standard within a 120- foot right-of-way. Sandy Lake is a four-lane divided thoroughfare built within a 120-foot right-of-way. SURROUNDING LAND USE & ZONING: North –Frost Bank and Tom Thumb shopping center; TC (Town Center) South –Braewood shopping center; C (Commercial) East–Braewood West subdivision; SF-7 (Single Family-7) West– McDonalds, Bank, under construction; R (Retail) COMPREHENSIVE PLAN: The 2030 Comprehensive Plan of shows the property as suitable for Mixed Use Community Center, No Residential. DISCUSSION: As detailed above, this building has a long history of restaurant tenants. The current request is to reoccupy the former Mooyah lease space with a Biscuit Bar with indoor and outdoor seating to accommodate up to 116 diners. Building modifications requested includes: the enlargement of the existing patio area and adding a covering to this patio along Sandy Lake Road; the addition of an enclosed outdoor cooler and enclosing the existing dumpster area. This request also includes a setback variance for the patio and variances to the sign ordinance and a 5-parking space variance. The Zoning Ordinance allows the re-occupancy of a building for a new restaurant use to be administratively approved by staff; however, this application requires an amendment to the PD (which necessitates a 60-day public hearing process) due to the variances being requested to several Zoning Ordinance, regulations. ITEM #4 Page 3 of 4 The restaurant proposed for this location is described on their website as: The Biscuit Bar is an approachable, fast casual restaurant serving up Southern goodness on a biscuit! We are open for breakfast, lunch, dinner and late nights offering biscuits, tots and taps. Our menu features an assortment of savory and sweet biscuit sandwiches made from scratch, in house, daily. Guests can also accompany their biscuit sandwich with tots styled to personal taste and tipple on a craft cocktail, locally sourced brew, cold brew coffee or kombucha, all offered on tap! Setback Variance An outdoor patio along Sandy Lake Road was approved and built with Mooyah and contained only tables and chairs with umbrellas. This applicant is requesting to enlarge this patio by 200 square feet, for a total of 575 square feet, moving it approximately two feet closer to the property line and enclosing with open air patio covering. The sides and roof are motorized and are only proposed to be closed during inclement weather. Most of the time the sides (windows) and roof will remain open. There will be lights and fans installed, and the heaters can be electric or gas. Pictures of similar installations are included for reference. The existing mature trees will not be disturbed. There is a note on the site plan that the remainder of this site will be in compliance with the Landscape Plan as approved when this building was redesigned for Chipotle and Mooyah. The existing five-foot sidewalks will be retained along Denton Tap Road and Sandy Lake Road. Finally, the existing Monument Sign will be re-faced for the Biscuit Bar. Sign Variances As typical in this shopping center, this request includes variances to the Sign Ordinance for the proposed tenant. The Sign Ordinance permits one square foot of signage for every linear foot of frontage Sandy Lake, which is 61’3”, therefore a total of 61.25 square footage of signage would be permitted on this restaurant. The current application is for four attached signs, two “pan” signs (Biscuit Bar logo) one 48 square feet and one 34.6 square feet) and two signs comprised of yellow, individually mounted letters stating biscuits.tots.taps. for a total of 123.33 square feet, none which are in compliance with the Sign Ordinance. Staff is cognizant of the need for this relatively new concept to provide branding recognition, however, there must be a balance between what is being requested and the city-wide sign standards. Therefore, staff is recommending the two biscuits.tots.taps. be eliminated, and the 34.6 square foot Biscuit Bar logo pan sign indicated on the east elevation, attached to the new cooler enclosure, be relocated to the Sandy Lake Road frontage above the expanded patio. This sign will be significantly more visible here than facing the side parking lot. The 48 square foot Biscuit Bar sign on the ITEM #4 Page 4 of 4 south elevation be replaced with a 34.6 square foot sign. These two Biscuit Bar Logo signs on the south and north elevations, will have a total of 69.2 square feet, still exceeding the sign ordinance by 13% (8 sq. ft.). These two signs, plus the monument at the corner of this major intersection should provide the brand recognition required. If desired to incorporate biscuits.tots.taps., then these words can be included on a blade sign (up to 10 square feet) at the entry, or perpendicular to the Sandy Lake Road frontage. This blade sign is allowed in addition to the other attached signs. As noted above, other site improvements such as enclosing the existing dumpsters will benefit the entire shopping center. The granting of the five-parking space variance, for a shopping center accommodating 530 cars is also supportable. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of PD-209R2R-C, TownOaks Centre, Biscuit Bar allowing setback variance for the patio, parking and sign variances, subject to the following revisions: 1. Revising the attached signs as follows: a. Eliminate the two biscuits.tots.taps signs. b. Relocate the 34.6 square foot Biscuit Bar logo pan from the east to the north elevation, and delete the Proposed Side (East) Elevation from the Sign packet (it as also indicates yellow building accents that are not approved) . c. Replace the proposed 48 square foot Biscuit Bar logo pan sign with a 34.6 square foot sign. d. Replace the amber lens with white lens, as all lighting within the sign is required to be white. 2. There will be additional comments at the time of Building Permit review. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Pictures of Patio Enclosures 2. Site Plan 3. Building Elevations 4. Sign Package (8 pages) SITE DATA - TOWN OAKS CENTRE LOT 1EXISTING ZONING PD 209-R3TENANTSUITE ASUITE BCHIPOTLE MEXICAN GRILLBISCUIT BARUSERESTAURANTRESTAURANTINTERIOR S.F1,9812,439PATIO S.F550575OUTDOOR COOLER0182TOTAL S.F.2,5313,196TOTAL S.F.5,727PARKINGREQUIRED5,545 / 100 =PROVIDED34 SPACES ON SITE + CROSS PARKING AT PROJECT5555NEW PD CONDITIONS1. EXPAND PATIO FROM 375 S.F. TO A TOTAL OF 575 S.F., ENLARGING PATIO BY 200 S.F. AND REDUCING THE FRONT YARD SETBACK TO 17'-0".2. CONSTRUCT OUTDOOR COOLER ENCLOSURE TO MATCH BUILDING3. CONSTRUCT ADDITIONAL DUMPSTER ENCLOSURE FOR RECYCLE DUMPSTER4. THE HOURS OF OPERATION SHALL NOT EXCEED 7:00 AM TO 11:00 PM, SUNDAY THROUGH SATURDAY.5. PROVIDING A 5-PARKING SPACE VARIANCE FOR THE ENTIRE SHOPPING CENTER.6. THE FINAL APPROVAL OF MATERIALS, CONSTRUCTION, AND OPERATION OF THE PATIO ENCLOSURE SHALL BE MADE AT THE TIME OF BUILDING PERMIT.7. NO TREES WILL BE REMOVED, AND ALL EXISTING LANDSCAPING SHALL REMAIN AND BE IN ACCORDANCE WITH THE LAST APPROVED LANDSCAPE PLAN AS ESTABLISHED IN PD-209-R2 (ORD. NO. 91500-A-506)8. SIGNAGE SHALL BE APPROVED AS SHOWNDRAWING NUMBER:DRAWING TITLE:REVISIONS:DATE:NO.ARCHITECTURAL PROJECT NO.:SEAL104 S. DENTON TAP RD. COPPELL, TX 75019TENANT REVIEW ISSUE DATE:HEALTH DEPT. REVIEW ISSUE DATE:LANDLORD REVIEW ISSUE DATE:BID ISSUE DATE:CONSTRUCTION ISSUE DATE:083-0205-20-201905-20-2019xxx. xx, 2019xxx. xx, 2019xxx. xx, 2019ISSUED FOR APPROVAL 06-06-2019 ISSUED FOR APPROVAL 06-06-2019ARCHITECT/ ENGINEERSEAL06-06-2019TEL: 214-613-0680921 N. RIVERFRONT BLVD. SUITE 700DALLAS, TEXAS 75207FAX: 469.730.3341PD-209R3PATIO EXPANSIONNOTE:1.ALL EXISTING TREES AND LANDSCAPING TO REMAIN.01Site PlanSCALE: 1:10NORTH C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR North and South Elevations Proposed Front ( South ) Elevation Scale: 1/8”=1’-0” Proposed Rear ( North ) Elevation Scale: 1/8”=1’-0” 13’-7 ½”3'-6 ½"3'-0"19'-1"59'-0" FRONTAGE 19'-1"61'-3" A B A TRIMLESS CHANNEL LETTERS WITH DUAL COLOR GOLD VINYL : 1'-10 ¼" X 16'-0" = 29.7 SQ. FT. S/F CABINET WITH CHANNEL LETTERS & ROUT OUT PUSH THRU COPY AND GRAPHICS - FRONT & HALO LIT : 3'-6 ½ X 13'-7 ½ = 48.0 SQ. FT. B DF BLADE SIGN 3'-0" X 3'-4 = 9.9 SQ. FT. 1C 2C 3C 1C 2C 3C TRIMLESS CHANNEL LETTERS WITH DUAL COLOR GOLD VINYL : 13" X 65" = 5.9 SQ. FT. TRIMLESS CHANNEL LETTERS WITH DUAL COLOR GOLD VINYL : 11 ½" X 36¼" = 2.9 SQ. FT. TRIMLESS CHANNEL LETTERS WITH DUAL COLOR GOLD VINYL : 15¾" X 40" = 4.4SQ. FT. mrg-6/26/19Chg "B" to DF blade sign - - - - - - - - - - - - mrg-6/26/19Reduce "C" sz and break up copy words Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR A28 ¾"110 ¾" 28 ¾" X 110 ¾" = 22.11 SQ. FT. -- - - - - - - - - - - - - -- Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" B C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR 13’-7 ½” 12’-1 ¾” Biscuit Bar 13’-3 ¼” Gold Push Thru Border 1’-6” “B”2’-10 ¾” Gold Push Thru Border3’-6 ½” O.A.H.GE Tetra Max “AMBER” LED’s for Halo 3/4” CLEAR ACRYLIC PUSH THRU W/ #125 Golden Yellow VINYL Returns painted PMS 143C Gold Led Reverse & Face Lit C/L on Cabinet Scale: 3/4”=1’-0” 48.25 Sq. Ft. 3/4” CLEAR ACRYLIC PUSH THRU W/ #20 TRANS. WHITE VINYL ELECTRICAL PRIMARY PROVIDED BY CLIENT IN J-BOX A CHANNEL LETTERS ON HALO LIT BACKER WIREWAY B -- - - - - - - - - - - - - -- Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR 3"4" PTD. BLACK .063” ALUM BASE PAN 1” OVERLAP TO CONCEAL LED’S WHITE LED’s GE TETRA MAX “AMBER” LED’s FOR HALO LED POWER SUPPLY 3MM WHITE ACM C/L BACK ELECTRICAL SERVICE PENETRATIONS THRU-WALL WEATHERPROOFED ¼” WEEP HOLE w/ LIGHT SCREEN [PREVENTS LIGHT LEAKS] STAINLESS STEEL FASTENERS w/ PVC SPACERS ½” CLEAR ACRYLIC .040” ALUMINUM RETURNS PAINTED PMS 143C GOLD TRIMLESS ACRYLIC FACES ¾” CLEAR ACRYLIC PUSH THRU COPY W/ WHITE LED LIGHTING BEHIND W/ #125 GOLD VINYL 1ST SURFACE 2nd SURFACE DIFFUSER 2" WITH U.L. SILICONE SECTION DRAWING - LED FACE LIT C/L ON FACE LIT & REVERSE HALO LIT CABINET SCALE: 1 1/2” = 1’-0” 1” ½” THICK ACRYLIC FACE w/ROUTED EDGE WHITE VINYL DIFFUSER ON BACK ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE FACE EDGE DETAIL N.T.S. .090” ROUTED ALUM PAN FACE PRIMARY ELECTRICAL BOX AND SWITVCH PROVIDED BY CUSTOMER 70 Modules: GE Lighting Solutions - Tetra MAX Wet Location Amber - GEMXYG-W1-HALO 77 Modules: Principal LED - Qwik Mod 2 - PL-QM2-TW150-P-BISCUIT BAR & ROLLING PIN 50 Modules: Principal LED - Street Fighter Plus - PL-OP2-SF3-P-TW-CC 1 Power Supply: GE Lighting Solutions - GEPS12-60U 1 Power Supply: Principal LED - Universal 120W L 70 mods 37.8 w L 50 mods 36.0 w B 12 mods 10.6 w I 3 mods 2.6 w S 6 mods 5.3 w C 5 mods 4.4 w L 8 mods 7.0 w U 6 mods 5.3 w I 3 mods 2.6 w T 6 mods 5.3 w B 12 mods 10.6 w A 7 mods 6.2 w R 9 mods 7.9 w Modules: 70 Watts: 37.8 of 60.0 PS: GEPS12-60U Modules: 119 Watts: 96.7 of 120.0 PS: Universal 120W PRINCIPAL LED AMBER HALO LED Mounting Quantity: 9 RIVNUT/THREADED ROD QTY: (9) H20-0040-12 Threaded rod stee ¼ “ 20 X12” ZN LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL ON OFF QTY: (1) - E52-0295 - CONNECTOR,1/2",90DEG,OLiquid Tite P3011 QTY: (1) - E52-0375-06 Chase Nipple ½” QTY; (1)-E52-0385 Washer ½” Sealing QTY: (47’) -E51-0003 - 18 GA WIRE QTY: (1) -E53-001-01-Switch 1P 20A White P4563 QTY; (1)-E53-006 Handy Box SG WP W/1/2 K.O. P1926 QTY: (1)-E53-0063 Cover Switch SG WP Bell MX1050S EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND SERVICE ON/OFF SWITCH L.E.D. DETAIL SPECIFICATIONS C -- - - - - - - - - - - - - -- Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR Scale: 1”=1’-0” D/F Blade Sign 11.13 Sq. Ft. ( 1 ) Ret RequiredB DF BLADE SIGN D -- - - - - - - - - - - - -3'-0"3'-4"7"6"6"1" 4" 1" SIDE VIEW FABRICATED D/F ALUMINUM BLADE CABINET SIGN WITH 1" ALUMINUM SQ TUBE FRAME. .125" ALUMINUM FACES PAINTED BLACK 1" THICK ACYLIC LETTERS TO BE APPLIED TO THE FACE OF THE SIGN WITH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 WHITE THE SIGN IS TO BE EXTERNALLY ILLUMINATED WITH AN LED LAMP INSTALL TO BUILDING FASCIA WITH APPROVED ANCHOR SYSTEM mrg-6/26/19Chg "B" to DF blade sign Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" LIGHT SAMPLE C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY Trimless LED Channel Letter - Remote mount #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK ½" WHITE ACRYLIC FACE WITH OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 5” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Scale: ½”=1’-0” Channel Letters 13.2 Total Sq. Ft. ( 3 ) Sets Required CHANNEL LETTERS E13"1C 2C 3C 65"36¼"11 ½"11 ½"15 ¾"40" ( 1 ) Set Required - 5.9 Sq. Ft.( 1 ) Set Required - 2.9 Sq. Ft.( 1 ) Set Required - 4.4 Sq. Ft. ELEC. BRIDGES -- - - - - - - - - - - - - mrg-6/26/19Reduce "C" sz and break up copy words Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR Proposed ElevationProposed Elevation Not to ScaleNot to Scale Existing Elevation Not to Scale Replacement Tenant R.O.P.T. Faces Scale: 3/4”=1’-0”24.5 Sq. Ft. Scale: 3/4”=1’-0” .125" ALUMINUM FLAT PANEL PAINTED BLACK WITH ROUT OUT PUSH THRU ACRYLIC COPY: ¾” CLEAR ACRYLIC PUSH THRU COPY WITH WHITE VINYL DIFFUSER ON 2ND SURFACE BORDER TO HAVE #125 GOLD VINYL 1ST SURFACE 7'-7 1/2"3'-1"9 3/4"2 ¼"3"1'-9"F REPLACEMENT TENANT PANEL D -- - - - - - - - - - - - - -- Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR GE Tetra Max “AMBER” LED’s for Halo 3/4” CLEAR ACRYLIC PUSH THRU W/ #125 Golden Yellow VINYL Returns painted PMS 143C Gold Led Reverse & Face Lit C/L on Cabinet Scale: 3/4”=1’-0”22.11 Sq. Ft. 3/4” CLEAR ACRYLIC PUSH THRU W/ #20 TRANS. WHITE VINYL ELECTRICAL PRIMARY PROVIDED BY CLIENT IN J-BOXE 8'-2 ¾" Biscuit Bar 8'-11 ¾" Gold Border 9'-2 ¾"1'-0"1'-11 ½"2'-4 ¾"( 1 ) Required G Add "E" detail page mrg-6/26/2019 -- - - - - - - - - - - - - Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" C US A B C E G D F H This is an original unpublished drawing submitted for use in connection with a project being planned for you by Kieffer Holding Co. It is not to be reproduced, copied or exhibited in any fashion without the written permission of Kieffer Holding Company. Coppell, TX The Biscuit Bar 104 S. Denton Tap Rd. Coppell, TX M. Jackson 05/17/2019 - M. Griswold 1901864 THE BISCUIT BAR A B C D H SITE PLAN E Scale: ”=1’-0” X B C D E G H I J K L M N O P Q R S T U V W X Y Z DIM (10 pt) Description call out Scale: 0/0” = 1’-0” (10pt) Swis721LtCn BT (Normal) (10pt) Swis721LtCn BT (Normal) (12pt) Swis721Cn BT (Bold) 3 CALL OUTS (10pt) Swis721LtCn BT (Normal) (10pt) Swis721Cn BT (Bold) OR Hairline w/ arrow Hairline w/ square Fonts, Dim Styles & Line Types Legend: General Specifications (10pt) Swis721Cn BT (Normal) Color Schedule Night Lighting Simulation N.T.S. Direction Elevation - Current Condition N.T.S. X’-X” X’-X” STOREFRONT X’-X”General Specifications - - VINYL PAINT - Color Schedule Double-Face Pylon Sign Scale: X”=1’-0” XX Sq. Ft. Double-Face Monument Sign Scale: ”=1’-0” X XX Sq. Ft. Channel Letter Sign XX Sq. Ft. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A3'-0"3'-8 ½" B 1C2C3C ½” THICK ACRYLIC FACE w/ROUTED EDGE .040 ALUMINUM RETURN 1/8” CLEAR LEXAN TABS GLUED INTO ROUTED GROOVES ON BACK OF FACE OPAQUE DIGITAL PRINT TO MATCH PMS 143C GOLD ON 1ST SURFACE OF 3630-20 TRANS VINYL OVERLAY D/F Blade Sign W/ Trimless CHannel Letters #8 X ½” TEK SCREW PTM RETURN .040 ALUM. RETURNS PAINTED BLACK AUTO-FORMED AND AUTO-CLINCH TO ACM BACK U.L. APPROVED 18GA. 2-WIRE WHITE LEDs LIQUID-TITE CONDUIT AND CONNECTIONS THRU WALL 3” 1/4" WEEP HOLES 3MM ACM BACKS PRE-FINISHED WHITE EXPANSION ANCHOR INTO MASONRY OR THROUGH BOLT INTO BLOCKING BEHIND U.L. APPROVED REMOTE POWER SUPPLY BOX WITH DISCONNECT 1/4" MOUNTING HOLES OR THREADED RIV-NUT FOR THRU-BOLT INSTALL Not to Scale3'-0"3'-4"7"6"6"4"3"3" Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4572 File ID: Type: Status: 2018-4572 Agenda Item Agenda Ready 2Version: Reference: In Control: City Council 06/09/2019File Created: Final Action: North Lake College PD-224R2-HCFile Name: Title: PUBLIC HEARING: Consider approval of PD-224R2-HC, Northlake College, a zoning change request from PD-224R-HC (Planned Development 224 Revised-Highway Commercial) to PD-224R2-HC (Planned Development 224 Revision 2-Highway Commercial), to revise the Concept Master Plan and attach a Detail Site Plan to permit a 146,655 square foot building addition and associated variances on approximately 34.8 acres located at 101 S. Royal Lane, at the request of Dallas County Community College District, being represented by Scott Wegener, Beck Architecture. Notes: Agenda Date: 07/09/2019 Agenda Number: 12. Sponsors: Enactment Date: Council cover memo.pdf, Staff Report.pdf, Narrative.pdf, Conceptual Master Plan.pdf, Detail Site Plan.pdf, Landscape Plan.pdf, Tree Survey.pdf, Elevations and Rendering.pdf, Material Board.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 06/20/2019Planning & Zoning Commission 2 07/09/2019City Council Text of Legislative File 2018-4572 Title PUBLIC HEARING: Consider approval of PD-224R2-HC, Northlake College, a zoning change request from Page 1City of Coppell, Texas Printed on 7/5/2019 Master Continued (2018-4572) PD-224R-HC (Planned Development 224 Revised-Highway Commercial) to PD-224R2-HC (Planned Development 224 Revision 2-Highway Commercial), to revise the Concept Master Plan and attach a Detail Site Plan to permit a 146,655 square foot building addition and associated variances on approximately 34.8 acres located at 101 S. Royal Lane, at the request of Dallas County Community College District, being represented by Scott Wegener, Beck Architecture. Summary Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Business Prosperity Page 2City of Coppell, Texas Printed on 7/5/2019 1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: July 9, 2019 Reference: Consider approval of a zoning change to PD-224R2-HC (Planned Development 224 Revision 2-Highway Commercial), to revise the Concept Master Plan and attach a Detail Site Plan to permit a 146,655 square foot building expansion in conjunction with Construction Education Foundation (CEF) on approximately 34.8 acres. 2030: Community Wellness and Enrichment Executive Summary: This request is to revise the Concept Master Plan and attach a Detail Site Plan for Dallas County Community College District to permit a 146,655 sf (includes exterior canopy) expansion for North Lake College in conjunction with the Construction Education Foundation (CEF) on approximately 34.8 acres. The intent is to offer residential and commercial construction courses for students wanting a career in the construction industry. This facility will replace the West Campus facility located in Irving and will house classrooms and laboratories providing management and skill-based education for the construction industry. Introduction: Concept Master Plan The Concept Master Plan identifies future phases which contain additional buildings and a parking garage. Construction of future phases will be subject to future plan review and compliance with the regulations in place at that time. Planned Development (PD) The proposed building will be home to the construction sciences and will include three lab rooms and an outdoor lab and 27 indoor classrooms, and additional offices for staff. Currently all the existing parking is located along the Royal Lane frontage. These spaces will remain while an additional 117 spaces will be constructed just south of the existing, along Royal Lane. This will meet their parking needs and exceeds the 410 parking spaces required. A technical variance is being requested to allow for more than 50% of parking in the front yard. Staff has no objection to this variance request since this site has three frontages and the majority of the parking (300) is existing. The Landscape Plan is generally compliant with the provisions of the Landscape Ordinance. Landscaping in some areas have been modified where there are existing and proposed utility easements, and a major gas pipeline. A landscape berm with wildflowers and trees is being provided along a portion of the SH 121 frontage that will also act as screening for this facility. Interior landscaping of the site is 2 being exceeded both in area (50%) and the number of trees provided (21 provided vs 15 required). The non-vehicular open space area is five times greater then what is required by ordinance and they are providing 96 new trees to the site. The proposed building will be located south of the existing building closer to the SH 121 frontage road. With this new construction, fire lanes will be extended and looped around the new building. The building will be a combination of two types of brick, in addition to glass and generally match the existing building. Overall, the building is 81% masonry, with both the north (92%) and south (82%) elevations exceeding the 80% masonry requirement. The District is requesting some relief on the east and west elevations, which calculate slightly below the required 80% amount of masonry (75% and 66% respectively). Staff has no objection to this request. Analysis: On June 20, 2019 the Planning and Zoning Commission recommended approval of PD-224R2-HC, Northlake College North Campus, subject to the following conditions: 1. Master Concept Plan Conditions: a. At the time of Detail Site Plan approval for the remaining acreage, the plans shall meet all development code requirements unless specifically varied at that time. b. There shall be a coherent architectural theme and Detail Site Plans shall include elevation facades to assure architectural compatibility. 2. Detail Plan – Construction Science Building: a. Approval of the of the variances to the masonry veneer requirements and the location of more than 50% of the parking in the front yard along Royal Lane. b. All signs shall be compliant with the Sign Ordinance. c. Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have a temperature gauge. d. No outside storage shall be permitted. Legal Review: This did not require city attorney review Fiscal Impact: None Recommendation: The Planning Department recommends APPROVAL of PD-224R2-HC (Planned Development 224 Revision 2-Highway Commercial) Attachments: 1. Staff Report 2. Narrative 3. Parking letter 4. Conceptual Master Plan 5. Detail Site Plan 6. Tree Survey 7. Landscape Plan 8. Elevations & Rendering 9. Material Board ITEM # 5 Page 1 of 4 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-224R2-HC, Northlake College North Campus P&Z HEARING DATE: June 20, 2019 C.C. HEARING DATE: July 9, 2019 STAFF REP.: Mary Paron-Boswell, Sr. Planner LOCATION: S.W.C. of Sandy Lake Road and Royal Lane SIZE OF AREA: 34.8 acres of property CURRENT ZONING: PD-224R-HC REQUEST: A zoning change request from PD-224R-HC (Planned Development 224 Revised- Highway Commercial) to PD-224R2-HC (Planned Development 224 Revision 2- Highway Commercial), to revise the Concept Master Plan and attach a Detail Site Plan to permit a 146,655 square foot building expansion in conjunction with Construction Education Foundation (CEF) on approximately 34.8 acres. APPLICANT: Owner: Architect: Dallas County Community College Scott Wegener 1601 S Lamar Street Beck Architecture Dallas, TX 75215 1807 Ross , Suite 500 Attn: Dr. Christa Slejko Dallas, TX 75201 214-378-1500 214-303-6627 scottwegener@beckarchitecture.com HISTORY: This property was originally zoned Light Industrial in the 1980’s, but in 2003 the Planning and Zoning Commission recommended that both the Future Land Use Map and the zoning classification for this piece be changed to encourage the development of well-designed retail, commercial and/or office development. City Council approved the changes in 2003. In 2007, Dallas County Community College District requested a zone change from Commercial (C), Highway Commercial (HC) and Light Industrial (LI) to Planned Development (PD-224- HC) to allow for Phase One construction of a multi-purpose building, associated parking and easements on approximately 10 acres of the property for a new college campus. In 2011 the PD was amended to allow a gas valve site to support th e gas pipeline installed parallel to SH 121. ITEM # 5 Page 2 of 4 HISTORIC COMMENT: This property does not have any historic significance. TRANSPORTATION: State Highway 121, is a state highway, recently built to standard. Sandy Lake Road is a four-lane divided thoroughfare in a six-lane R.O.W. Royal Lane is a four-lane divided thoroughfare in a six-lane R.O.W. SURROUNDING LAND USE & ZONING: North: Vacant (Proposed Hotels/Office/Retail); PD-297-HC (Highway Commercial) South: Office Warehouse; LI (Light Industrial) East: Office Warehouse; LI (Light Industrial) & PD-194R5-LI West: SH 121& Self Storage; C (Commercial (S-1204)) COMPREHENSIVE PLAN: The Coppell 2030 Comprehensive Master Plan shows this property as suitable for Freeway Special District with a designation for other school facilities. DISCUSSION: This request is to revise the Concept Master Plan and attach a Detail Site Plan to permit a 65,500 square footprint (146,655 sf – includes exterior canopy) expansion in conjunction with the Construction Education Foundation (CEF) on approximately 34.8 acres. The Concept Master Plan identifies future phases which contain additional buildings and a parking garage. Construction of future phases will be subject to future plan review and compliance with the regulations in place at that time. This project is a joint venture with the Construction Education Foundation (CEF). The intent is to offer residential and commercial construction courses for students wanting a career in the construction industry. This facility will replace the West Campus facility located in Irving and will house classrooms and laboratories providing both management and skill-based education for the construction industry. The building will pursue LEED- Silver certification. The proposed new building will be home to the construction sciences and will also include four lab rooms including an outdoor lab and 27 indoor classrooms, and additional offices for staff. A wide range of courses will be offered including Construction Management, Construction Technology, Electrical Technology, Carpentry, and Plumbing and Pipefitting. Additionally, the facility is planned to have a large outdoor laboratory space shared by the trades for events, workshops and mockup projects and will be screened from TX-121. Currently all the existing parking is located along the Royal Lane frontage. These spaces will remain while an additional 117 spaces will be constructed just south of the existing, along Royal Lane. All of these spaces will utilize the existing driveways on Royal Lane. The school has indicated that based on the number of students and faculty, based on zoning regulations. This will meet their parking needs and exceeds the 410 parking spaces required. A technical variance is being requested to allow for more than 50% of parking in the front yard. Staff has no ITEM # 5 Page 3 of 4 objection to this variance request since this site has three frontages and the majority of the parking is existing. The Landscape Plan is generally compliant with the provisions of the Landscape Ordinance. Landscaping in some areas of Phase 1 will need to be replaced due to trees/plants dying over time. Additional modifications to the required landscaping is necessary where existing and proposed utility easements, and a gas pipeline exists. Perimeter landscape areas with street trees are provided along Sandy Lake Road, Royal Lane and the portions of SH 121 outside of the easements. A landscape berm with wildflowers and trees is being provided along a portion of the SH 121 frontage. This will also act as screening for this facility. Interior landscaping of the site is being exceeded both in area (50%) and the number of trees provided (21 provided vs 15 required). The non-vehicular open space area is five times greater that what is required by ordinance. They are providing 96 new trees to the site. The existing building is located to the north of the site, close to Sandy Lake Road. The proposed building will be located south of the existing building closer to the SH 121 frontage road. With this new construction, fire lanes will be extended and looped around the new building. The building will be a combination of two types of brick, in addition to glass and metal panels. The material for the building will generally match the existing North Campus color palette and include Brick B1 Cocoa Brown; B2 Whitestone; Aluminum Composite Panel ACP 1 Umbra Grey; ACP 2 Oyster White; Kawneer Curtain Wall System 1600 Anodized Aluminum. The building will have a flat roof with mechanical equipment being screened. Overall, the building is 82% masonry, with both the north (93%) and south (83%) elevations exceeding the 80% masonry requirement. The District is requesting some relief on the east and west elevations, which calculate slightly below the required 80% amount of masonry (75% and 68% respectively). Staff has no objection to this request. In terms of signage, the District is proposing to upgrade their existing monument sign in the near future and will comply with sign regulations to city requirements. All proposed signage for the building itself will also comply with sign regulations. Staff is recommending APPROVAL of PD-224R2-HC, Northlake College North Campus, subject to the following conditions: 1. Master Concept Plan Conditions: a. At the time of Detail Site Plan approval for the remaining acreage, the plans shall meet all development code requirements unless specifically varied at that time. b. There shall be a coherent architectural theme and Detail Site Plans shall include elevation facades to assure architectural compatibility. 2. Detail Plan – Construction Science Building: a. Additional comments will be generated at the time of Detail Engineering review. b. Approval of the of the variances to the masonry veneer requirements and the location of more than 50% of the parking in the front yard along Royal Lane. c. Label screening wall and enclosure materials. ITEM # 5 Page 4 of 4 d. All signs shall be compliant with the Sign Ordinance. e. Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have a temperature gauge. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Narrative 2. Parking letter 3. Conceptual Master Plan 4. Detail Site Plan 5. Tree Survey 6. Landscape Plan 7. Elevations & Rendering 8. Material Board 1 Monday, May 21, 2019 DATE MAY 20, 2019 PROJECT NAME North Lake Construction Science Building, Coppell TX PROJECT NUMBER 170723 North Lake Construction Science Building Narrative for P&Z The proposed North Lake Construction Science Building- North Campus will be a joint educational enterprise of North Lake College and the Construction Education Foundation (CEF) which replaces the West Campus facility at 1401 E 14th St, Irving, TX. The 65,600 sq. ft. proposed floor plate will house classrooms and laboratories providing both management and skill-based education for the construction industry. The building will pursue LEED- Silver. A wide range of courses will be offered including Construction Management, Construction Technology, Electrical Technology, and Plumbing and Pipefitting. The two story building will include programming for offices including administration for Construction Education Foundation (CEF), Soil Courses, HVAC Programs and Courses, Welding and Pipefitting Programs and Courses, Plumbing Programs and Courses, Electrical Programs and Courses and Carpentry Programs and Courses. Additionally, the facility is planned to have a large outdoor laboratory space shared by the trades for events, workshops and mockup projects and will be screened from TX-121. The building use will be Business (College) with classrooms, Labs and will include an ‘A3’ multipurpose room for lectures and events. The material for the building will generally match the existing North Campus color palette and include Brick B1 Cocoa Brown; B2 Whitestone; Aluminum Composite Panel ACP 1 Umbra Grey; ACP 2 Oyster White; Kawneer Curtain Wall System 1600 Anodized Aluminum. In the 5/14 Coppell Preliminary review meeting it was discussed using the College or University: Actual parking count for One space per each day student. The campus will provide day and night classes. The North Lake College West Campus actual count provided by the College for the existing North Campus and West replacement building are as follows: West Campus - Staff Lot - Existing Building 51 West Campus - Student Lot - Existing Building 206 North Campus Existing Building 153 TOTAL 410 Required Existing parking = 300 spaces Proposed new parking 117 for a total of 417 spaces. 2 Monday, May 21, 2019 Variances requested for PD 224R · Gas Storage to the west of building includes bottle storage for Oxygen, Acetylene and Argon bottles. The enclosure will include 6’ tall CMU masonry walls with brick veneer screening and will keep the storage of materials outside the main building and allow for easier delivery for full and empty bottles. Currently we have a total of 112 bottles at NLC west campus and 20 work stations. 60% of bottles are in the Pipe fitting, Welding lab and Tool Room in approved storage carts safely secured. The new facility will have 29, I estimate adding an additional 15 to 20 – 300 size bottles Tank sizes are 52-300, 15- AC4, 15- ACB, 11-ACMC, 10-20’s, 6- 40’40 and 3- 80 or Q. Oxygen compressed gas, Used for Oxy/Acet torch and brazing rigs, used in Pipe fitting, Welding, Plumbing and HVAC Labs Acetylene Dissolved, Used for Oxy/Acet torch and brazing rigs, used in Pipe fitting, Welding, Plumbing and HVAC Labs. Nitrogen (Medical Grade) Used in Medical Gas Lab. Nitrogen Compressed Gas, used in Plumbing and HVAC Labs Compressed Gas N.O.S., used in Pipe fitting, Welding. SZ Argon, used in Welding and Med gas lab. Liquefied Petroleum, used for fork lift. 410A Freon, used in HVAC NU22 Freon, used in HVAC 22R Freon, used in HVAC Usage Logs are kept on file for all Freon Gases. All Gasses are shipped and handled by Qualified company personnel, currently Gas and Supply North Texas, LLC. Students are trained by qualified Master instructors to safely handle and secure bottles as part of instructional training. Bottles are contained per NFPA guidelines. · Cocoa Brown and Whitestone brick colors in lieu of red traditional earth tones to match existing North Campus building. · East and West elevation has less than 80% masonry/ brick and more glass which will allow better daylighting for the labs and classrooms facing east and west. · Cornice or cap at Brick parapets will be less than 3% height of the building. DATE SHEET 34.738 ACRES DCCCD NORTH LAKE COLLEGE CONSTRUCTION SCIENCES BUILDING SCALE NORTH LAKE COLLEGE CAMPUS ADDITION ZONED: PD-224R2-HC DCCCD CONTACT: GENTISH FNU 4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU A1.006/26/2019 CONCEPTUAL MASTER PLAN LOT 1R, BLOCK 1 JESSE SURVEY ABSTRACT NO. 968 & DUNNAGAN SURVEY ABSTRACT NO. 1665 BECK ARCHITECTURE 1807 ROSS AVE SUITE 500 DALLAS, TX 75201 PH: 214-303-6200 FAX: 214-303-6300 WWW.BECKARCHITECTURE.COM NO SCALE SCALE: CONCEPTUAL MASTER PLAN01 * MASTER PLAN WILL COMPLY WITH ALL FIRE LANE REQUIREMENTS AT THE TIME OF DETAIL SITE PLAN APPROVAL FOR THE REMAINING ACREAGE, THE PLANS SHALL MEET ALL DEVELOPMENT CODE REQUIREMENTS UNLESS SPECIFICALLY VARIED AT THAT TIME. THERE SHALL BE A COHERENT ARCHITECTURAL THEME AND DETAIL SITE PLANS SHALL INCLUDE ELEVATION FACADES TO ASSURE ARCHITECTURAL COMPATIBILITY. 526526526 5215 2 2 5 2 3 5265265245 2 3524523 5225225235245285 2 7 526516516 517 518 519 5 2 1 521522522521521522523524 52652 6 5265 2 6 526 5265265265 26 524 524 523523524 522 5245235255 25 525525 525 520 525525525525SAM SAM SAM 3" LIVE OAK E APPROXIMATE LOCATIONOF SURVEY LINEC.S. DUNNAGAN SURVEYABSTRACT NO. 1655J. GIBSON SURVEYABSTRACT NO. 1715T T T T T T T T T T T T D D D D D D D D D D D D D D D W WWW W G S S 15 SPACES @ 9'=135' 7 ADA SPACE @ 9' 10 SPACES @ 9'=90' 8 SPACES @ 9'=72' 14 SPACES @ 9'=126' 24' FIRE LANE 24' FIRE LANE 4" sanitary 6" sanitaryEXISTING PARKING EXISTING STORM WATER DETENTION PROPOSED CONSTRUCTION SCIENCE BUILDING F.F.: 527.5 ROYAL LANEBUS DROPOFFPROPERTY LINEPROPERTY LINEP R O P E R T Y L I N E EXISTING PARKING UTILITY EASMENT- FIBER-OPTIC CABLE UTILITY EASMENT- PIPELINE AND FIBER-OPTIC CABLE 6' SIDEWALK EASEMENT 6' SIDEWALK EASEMENT 10' ELECTRIC EASEMENT 40'x20' WATER LINE EASEMENT 6' SIDEWALK EASEMENT 10' GAS EASEMENT 10' ELECTRIC EASEMENT DRAINAGE EASEMENT 30' X 30' TRANSFORMER ELECTRICAL EASEMENT NEW STORM WATER DETENTION. BERM REF CIVIL & LANDSCAPE (2) 30 YD DUMPSTERS BEHIND 8' SCREEN ENCLOSURE BRICK 'B1' (2) 8 YARD DUMPSTERS. RECYCLING & BUILDING TRASH BEHIND 8' SCREEN ENCLOSURE. SCREEN WALL - BRICK 'B1' STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR, TYP. EX. MECH YARD FIRE LANE WATER LINE WATER LINE (FIRE)SANITARY LINE S T O R M D R A INSTORM DRAINFIRE LANEFIRE LANELOADING ACCESS8' SCREEN WALL, BRICK 'B1' STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR OUTDOOR LAB LOADING ACCESSNEW CHILLER YARD TO MATCH EXISTINGFULLY ENCLOSED GAS BOTTLE STORAGE w/ 8' SCREEN WALL- BRICK 'B1' STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR, TYP. LIT VEHICLE IMPACT BOLLARDS AT EACH COLUMN FIRE LANE PROPOSED FIRE HYDRANT REF. CIVIL PROPOSED FIRE HYDRANT, REF. CIVIL PROPOSED FIRE HYDRANT, REF. CIVIL EXISTING FIRE HYDRANT EX. FIRE HYDRANT FIRE LANEFIRE LANEEXISTING FIRE HYDRANT ZONED: HIGHWAY COMMERCIAL ZONED: LIGHT INDUSTRIAL ZONED: HIGHWAY COMMERCIAL 30' X 20' WATER LINE EASEMENT LINE OF CANOPY ABOVE DUST COLLECTOR AND AIR COMPRESSOR STORM DRAIN EXISTING FIRE LANEPROPERTY LINEPROPERTY LINE UPDATED MONUMENT SIGN TO COMPLY WITH ALL CITY SIGNAGE REQUIREMENTS AT THE TIME OF DEVELOPMENT.19'-0"19'-0"AREA A AREA B OVERHEAD DOOR OVERHEAD DOOR OVERHEAD DOOR EX. FDC PROPOSED FDC. REF. CIVIL BUILDING A BUILDING B 14 11 12 10 14 15 8 1014 15 685 9 3 5 7 ADA 11 11 11 11 11 117 8 148 15 N87°56'38" E 202.05'S00°39'25"E 1086.45'L1 S00°35'36"E 199.24'N89°30'35"E 166.00' C1 C2126.91'L375' x 75' GAS SERVICES EASEMENT 20' WATER EASEMENT VARIABLE WIDTH GAS PIPELINE EASEMENT 20' WATER EASEMENT PROPERTY LINE60' FRONT YARD BUILDING SETBACK60' FRONT YARD BUILDING SETBACK 60' FRONT YARD BUILDING SETBACK4'-4" WIDE SIDEWALK 4'-4" WIDE SIDEWALK N 7 8 °1 5 '0 0 " E 2 9 6 .3 4 'N37°40' 51" E 318.27'N42°29'21" E 87.95'N37°48'38" E 205.27'N37°40'20"E 506.25'30' GAS SERVICES EASEMENT 24'-0"24'-0"24'-0"24'-0" PATHWAYS STORM DRAIN STORM DRAIN SANITARY LINE SANITARY LINE WATER LINE (FIRE)WATER LINE (FIRE)WATER LINE (FIRE)WATER LINE (FIRE) WATER LINE (FIRE)WATER LINE (FIRE)SANITARY LINESTORM DRAINSTORM DRAINSTORM DRAIN STORM DRAINGAS LINESTORM DRAINSTORM DRAIN 8'-0"18'-0" 8' x 18' 144 SF FIRE RISER ROOM WITH EXTERIOR DOOR ON 1ST FLOOR EXISTING BUILDING PATHWAYS PATHWAY PATHWAYS PATHWAYS STORM DRAINSTORM DRAIN STORM DRAIN PATHWAYS STORM DRAINVRF MECHANICAL YARD w/ 8' SCREEN WALL BRICK 'B1' STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR, TYP. EXISTING FACILITY PARKING COUNT -NEW BUILDING REPLACING WEST CAMPUS -WEST CAMPUS -STAFF LOT -EXISTING BUILDING 51 -WEST CAMPUS -STUDENT LOT -EXISTING BUILDING 206 -NORTH CAMPUS EXISTING BUILDING 153 TOTAL 410 REQUIRED NEW CAMPUS TOTAL PARKING COUNT -EXISTING PARKING ON SITE 300 SPACES -NEW PARKING PROVIDED 117 SPACES NEW TOTAL 417 SPACES BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR.8'-0"BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR.8'-0"25 BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. STEEL GATE 8'-0"8'-0"BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. 25 Level 1 100'-0"8'-0"BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. SITE DATA TABLE EXISTING ZONING BUILDING USE NEW BUILDING TOTAL AREA BUILDING HEIGHT LOT COVERAGE FLOOR AREA RATIO BUSINESS -B -COLLEGE WITH CLASSROOMS ASSEMBLY -A3 -MULTIPURPOSE ROOM HIGHWAY COMMERCIAL PD-224R2-HC 146,655 SF -INCLUDES EXTERIOR CANOPY 33 FEET 0.097:1 PARKING COUNT 417 SPACES (ACCESSIBLE PARKING 7 EX. 7 NEW) EXISTING BUILDING AREA 37,228 SF TOTAL IMPERVIOUS AREA 1,559,540 SF NEW BUILDING COVERAGE AREA 79,080 SF -INCLUDES EXTERIOR CANOPY 32.88% 7.41% TYPICAL HEAD TO HEAD PARKING DETAILTYPICAL HEAD TO CURB PARKING DETAIL 9'-0"9'-0"9'-0"9'-0"19'-0"19'-0"18'-0"CURB DATE SHEET 34.738 ACRES DCCCD NORTH LAKE COLLEGE CONSTRUCTION SCIENCES BUILDING SCALE NORTH LAKE COLLEGE CAMPUS ADDITION ZONED: PD-224R2-HC DCCCD CONTACT: GENTISH FNU 4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU As indicated A2.006/26/2019 SITE PLAN -A LOT 1R, BLOCK 1 JESSE SURVEY ABSTRACT NO. 968 & DUNNAGAN SURVEY ABSTRACT NO. 1665 SCALE: 1" = 60'-0"1 SITE PLAN BECK ARCHITECTURE 1807 ROSS AVE SUITE 500 DALLAS, TX 75201 PH: 214-303-6200 FAX: 214-303-6300 WWW.BECKARCHITECTURE.COM SCALE: 1/16" = 1'-0"3 ELEVATION - UTILITY YARD - EAST SCALE: 1/16" = 1'-0"4 ELEVATION - UTILITY YARD - NORTH SCALE: 1/16" = 1'-0"5 ELEVATION - UTILITY YARD - NORTHWEST SCALE: 1/16" = 1'-0"2 ELEVATION - UTILITY YARD - SOUTH SCALE: 1/16" = 1'-0"6 ELEVATION - UTILITY YARD - WEST Project North True North SCALE: 1" = 10'-0"7 PARKING SPACE DETAILS • All signs shall be compliant with the Sign Ordinance. • Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have a temperature gauge. • No outside storage is allowed Planning and Zoning Compliance Notes Variances requested for PD 224R • East and West elevation has less than 80% masonry/ brick and more glass which will allow better daylighting for the labs and classrooms facing east and west. • More than 50% of parking provided in the front yard. 527 527 528 529 5265265245245235245265275285 2 7526526527 528528529 5 2 8 527 5285295275 2 5 52552 5530 SAM E JESSE MOORE SURVEY, ABSTRACT NO. 968C.S. DUNNAGAN SURVEY, ABSTRACT NO. 1655JESSE MOORE SURVEY, ABSTRACT NO. 968 C.S. DUNNAGAN SURVEY, ABSTRACT NO. 1655C.S. DUNNAGAN SURVEYABSTRACT NO. 1655J. GIBSON SURVEYABSTRACT NO. 1715J. GIBSON SURVEY, ABSTRACT NO. 1715 J. GIBSON SURVEYABSTRACT NO. 1716APPROXIMATE LOCATION OF SURVEY LINE APPROXIMATE LOCATION OF SURVEY LINEJ. GIBSON SURVEY ABSTRACT NO. 1716 J E S SE M O O R E S U R V E Y A B S T R A C T N O . 9 6 8 J . G I B SO N SU R V E Y A B S T R A C T N O . 1 7 1 5 J . G I B SO N SU R V E Y A B S T R A C T N O . 1 7 1 6 APPROXIMATE LOCATIONOF SURVEY LINEC .S . D U N N A G A N S U R V E Y A B S T R A C T N O . 1 6 55 T T T D D D D W W S S SS 15 SPACES @ 9'=135' 10 SPACES @ 9'=90' 8 SPACES @ 9'=72' 14 SPACES @ 9'=126' 10 SPACES @ 9'=90' 13 SPACES @ 9'=117' 7 SPACES @ 9'=63' 13 SPACES @ 9'=117' 12 SPACES @ 9'=108' 14 SPACES @ 9'=126' 26' FIRE LANE NEW PARKING PROPERTY LINEPROPERTY LINE NEW PARKING 24' MUTUAL ACCESS EASEMENT & FIRE LANE 6' SIDEWALK EASEMENT 40' X 20' WATER LINE EASEMENT 10' TUE CO. EASEMENT TUE CO. EASEMENT 6" WATER LINE (FIRE) FIRE LANE ZONED: LIGHT INDUSTRIAL ZONED: LIGHT INDUSTRIAL ZONED: HIGHWAY COMMERCIAL ZONED: COMMERCIAL PROPERTY LINE19'-0"19'-0"24'-0"18'-0"18'-0"24'-0"18'-0"AREA A AREA B 75' x 75' GAS SERVICES EASEMENT 20' WATER EASEMENT 20' BACK YARD BUILDING SETBACK 60' FRONT YARD BUILDING SETBACKWATER LINE (FIRE)60' FRONT YARD BUILDING SETBACKNEW LIGHT POSTS TO COMPLY WITH ALL CODES AND REGULATIONS. NEW LIGHT POSTS TO COMPLY WITH ALL CODES AND REGULATIONS. DATE SHEET 34.738 ACRES DCCCD NORTH LAKE COLLEGE CONSTRUCTION SCIENCES BUILDING SCALE NORTH LAKE COLLEGE CAMPUS ADDITION ZONED: PD-224R2-HC DCCCD CONTACT: GENTISH FNU 4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU 1" = 60'-0"A2.106/26/2019 SITE PLAN -B LOT 1R, BLOCK 1 JESSE SURVEY ABSTRACT NO. 968 & DUNNAGAN SURVEY ABSTRACT NO. 1665 SCALE: 1" = 60'-0"1 SITE PLAN - AREA B BECK ARCHITECTURE 1807 ROSS AVE SUITE 500 DALLAS, TX 75201 PH: 214-303-6200 FAX: 214-303-6300 WWW.BECKARCHITECTURE.COM Project North True NorthN37°40'20"E 506.25'N00°22'45" W 317.42'L2S89°37'35"W 1427.28'S00°39'25"E 1086.45'• All signs shall be compliant with the Sign Ordinance. • Gas tank enclosure area shall be well ventilated, have a canopy over the top and shall have a temperature gauge. • No outside storage is allowed Planning and Zoning Compliance Notes WWWWWDDDDSDDDSSTATE HIGHWAY NO. 121(A VARIABLE WIDTH RIGHT-OF-WAY)(SAVE & ACCEPTVOLUME 70076, PAGE 993 D.R.D.C.T.)0.863 ACRE DEDICATEDTO THE PUBLIC FOR RIGHT-OF-WAY PURPOSES(By This Plat)6' SidewalkEasement30' x 20'Water LineEasement6' SidewalkEasement6' SidewalkEasement10' ElectricEasement10' Gas Easement OFFER TO PURCHASE FORTXDOT SH 121 ROW8,359 SQ. FT.(NO DOCUMENT OF RECORD FOUND)DALLAS COUNTY COMMUNITYCOLLEGE DISTRICT0.1702 AC ESMT AREA(NO DOCUMENT OF RECORD FOUND)ROYAL LANE (A VARIABLE WIDTH RIGHT-OF-WAY) D.R.D.C.T.) AND VOLUME 88118, PAGE 877 (PART 2, VOLUME 2005139, PAGE 438 SANDY LAKE ROAD(A VARIABLE WIDTH RIGHT-OF-WAY)(PART 1 VOLUME 2005139, PAGE 438 D.R.D.C.T.)525525525 526 527 52 1 5 2 2 5 2 3523524 525 526 52652552 4 523525524523522522 523524 516 51651751851952052152152 2 522 521521522523524525 526 5 2 6 DDDDTTTTTTTTTTDDD526526526525 526 526 526526524525 524523523 525 524522525524523 GGGWDDDSS24' MutualAccess Easement& Fire Lane40' x 20'Water LineEasement526526525 524 524 523 524 TT1" = 40'-0"TREE PROTECTION AND REMOVAL PLAN10 20 40 80SCALE: 1" = 40'-0"MATCHLINE REFERENCE THIS SHEETMATCHLINE REFERENCE THIS SHEETTREE PROTECTION, FENCING, FLAGGING,PRUNING, AND MULCHINGTREE PROTECTION & REMOVAL LEGENDDATESHEET35.803 ACRESDCCCD NORTH LAKE COLLEGECONSTRUCTION SCIENCES BUILDINGSCALE 1" = 50'-0"L0.005/20/2019TREE PROTECT / REMOVE PLANLOT 1, BLOCK 1JESSE SURVEY ABSTRACT NO. 968 &DUNNAGAN SURVEY ABSTRACT NO. 1665BECK ARCHITECTURE1807 ROSS AVESUITE 500DALLAS, TX 75201PH: 214-303-6200FAX: 214-303-6300WWW.BECKARCHITECTURE.COM Level 1 100'-0" Level 2 114'-6" PARAPET 133'-2" ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR KAWNEER 1600 ALUMINUM CURTAIN WALL SYSTEM, COLOR TBD GLAZING-1" INSULATED- SPANDREL (GLS3) BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. GLAZING-1" INSULATED- SPANDREL (GLS3) GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. Level 1 100'-0" Level 2 114'-6" PARAPET 133'-2" ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR ALUMINUM COMPOSITE METAL PANEL ' MT2', RAINSCREEN SYSTEM, CHARCOAL COLOR ALUMINUM COMPOSITE METAL PANEL ' MT2', RAINSCREEN SYSTEM, CHARCOAL COLOR GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. GLAZING-1" INSULATED- SPANDREL (GLS3) BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. ALUMINUM COMPOSITE METAL PANEL ' MT2', RAINSCREEN SYSTEM, CHARCOAL COLOR ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR Level 1 100'-0" Level 2 114'-6" PARAPET 133'-2" ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. GLAZING-1" INSULATED- SPANDREL (GLS3) GLAZING-1" INSULATED- SPANDREL (GLS3) ALUMINUM COMPOSITE METAL PANEL ' MT2', RAINSCREEN SYSTEM, CHARCOAL COLOR GLAZING-1" INSULATED- SPANDREL (GLS3) Level 1 100'-0" Level 2 114'-6" PARAPET 133'-2" KAWNEER 1600 ALUMINUM CURTAIN WALL SYSTEM, COLOR TBD GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. MODULAR BRICK W/ RUNNING BOND PATTERN, CHARCOAL GRAY COLOR GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. ALUMINUM COMPOSITE METAL PANEL 'MT1', RAINSCREEN SYSTEM, OYSTER WHITE COLOR BRICK 'B2' STANDARD MODULAR RUNNING BOND, WHITESTONE COLOR. GLAZING-1" INSULATED- SPANDREL (GLS3) GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. BRICK 'B2' STANDARD MODULAR RUNNING BOND, WHITESTONE COLOR. BRICK 'B2' STANDARD MODULAR RUNNING BOND, WHITESTONE COLOR. GLAZING-1" INSULATED- SPANDREL (GLS3) 1" DEEP BRICK NICHE, B1 STANDARD MODULAR GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. BRICK 'B1', STANDARD MODULAR RUNNING BOND, COCOA BROWN COLOR. GLAZING TO BE VRE-1-46 W/ SHGC OF 0.28 OR BETTER, TYP. NON-GLAZING AREA TOTAL AREA MASONRY METAL PANEL GLAZING AREA 8,615.22 SF SOUTH ELEVATION 14,017.21 SF 7,073.07 SF (82.1%) 1,542.15 SF 5,401.99 SF (38.54%) 10,115.97 SF NORTH ELEVATION 13,750.19 SF 9,303.65 SF (91.96%) 812.32 SF 3,634.22 SF (26.43%) 5,860.23 SF EAST ELEVATION 9,069.91 SF 4,380.65 SF (74.75%) 1,479.58 SF 3,209.68 SF (35.38%) 4,765.95 SF WEST ELEVATION 9,104.41 SF 3,149.77 SF (66.09%) 1,616.18 SF 4,338.46 SF (47.65%) 29,357.37 SF TOTAL 45,941.72 SF 23,907.14 SF (81.43%) 5,450.23 SF 16,584.35 SF (36.10%) CHAPTER 12 ZONING, ARTICLE 22. " HC" HIGHWAY COMMERICAL DISTRICT REGULATIONS. CODE OF ORDINANCES, COPPELL All structures shall be 80 percent masonry exterior exclusive of doors and windows. Stucco is permitted by special use permit only. 1. Masonry is further defined as brick and stone of earth tone colors, other brick colors shall be permitted as accent provided that, in combination, accent materials and non-masonry materials do not exceed the 20 percent non-masonry benchmark on any one facade. 2. Flat roofs and parapet walls around flat roofs shall have a cornice, cap or other detail with a vertical dimension equal to at least three percent of the height of the building. Where as architectural feature extends above the roof line, and is visible from a public right-of-way, then the back side of this feature shall be finished of a material that is of the same or similar material as the front of this feature, i.e. brick. Pitched roofs shall have roofing material of a lusterless neutral/earth tone or green color. Green colors shall be limited to dark forest greens, gray greens, pale bluish-gray greens, slate greens and copper patina. Metal roofs may be standing seam either with a baked-on lusterless finish or made of copper. 3. Exterior wall surfaces should consist of no more than three colors; a base color, and/or a trim color, and/or an accent color. The base color may be utilized on up to 100 percent of the surface area of any one facade of a building. Another color, other than a base color, shall be permitted on up to only five percent of the surface area of any one facade, and an accent color on up to only one percent of the surface area of any one facade. For calculation purposes, wall surfaces should include eaves, gables and parapets, but should exclude roofs, awnings, or signs. 4. Glass should not exceed 50 percent of the total area of any one facade of a building. Variances requested for PD 224R • East and West elevation has less than 80% masonry/ brick and more glass which will allow better daylighting for the labs and classrooms facing east and west. DATE SHEET 34.738 ACRES DCCCD NORTH LAKE COLLEGE CONSTRUCTION SCIENCES BUILDING SCALE NORTH LAKE COLLEGE CAMPUS ADDITION ZONED: PD-224R2-HC DCCCD CONTACT: GENTISH FNU 4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU As indicated A5.006/26/2019 BUILDING ELEVATIONS LOT 1R, BLOCK 1 JESSE SURVEY ABSTRACT NO. 968 & DUNNAGAN SURVEY ABSTRACT NO. 1665 SCALE: 1/16" = 1'-0"01 BUILDING ELEVATION - EAST SCALE: 1/16" = 1'-0"02 BUILDING ELEVATION - WEST SCALE: 1/16" = 1'-0"03 BUILDING ELEVATION - SOUTH SCALE: 1/16" = 1'-0"04 BUILDING ELEVATION - NORTH BECK ARCHITECTURE 1807 ROSS AVE SUITE 500 DALLAS, TX 75201 PH: 214-303-6200 FAX: 214-303-6300 WWW.BECKARCHITECTURE.COM DATE SHEET 34.738 ACRES DCCCD NORTH LAKE COLLEGE CONSTRUCTION SCIENCES BUILDING SCALE NORTH LAKE COLLEGE CAMPUS ADDITION ZONED: PD-224R2-HC DCCCD CONTACT: GENTISH FNU 4343 IH-30 MESQUITE, TX 75150 | 972-860-8969 | GENTISH@DCCCD.EDU A3.006/26/2019 RENDERINGS LOT 1R, BLOCK 1 JESSE SURVEY ABSTRACT NO. 968 & DUNNAGAN SURVEY ABSTRACT NO. 1665 BECK ARCHITECTURE 1807 ROSS AVE SUITE 500 DALLAS, TX 75201 PH: 214-303-6200 FAX: 214-303-6300 WWW.BECKARCHITECTURE.COM NO SCALE SCALE: 3D PERSPECTIVE VIEW- SOUTH EAST01 NO SCALE SCALE: 3D PERSPECTIVE VIEW- NORTH WEST02 * ALL SIGNAGE WILL COMPLY WITH CITY OF COPPELL SIGNAGE REQUIREMENTS. * ALL SIGNAGE WILL COMPLY WITH CITY OF COPPELL SIGNAGE REQUIREMENTS. DATE SHEET 34.709 ACRES DCCCD NORTH LAKE COLLEGE CONSTRUCTION SCIENCES BUILDING SCALE A4.005/22/2019 EXTERIOR MATERIALS LOT 1R, BLOCK 1 JESSE SURVEY ABSTRACT NO. 968 & DUNNAGAN SURVEY ABSTRACT NO. 1665 BECK ARCHITECTURE 1807 ROSS AVE SUITE 500 DALLAS, TX 75201 PH: 214-303-6200 FAX: 214-303-6300 WWW.BECKARCHITECTURE.COM B1 -MODULAR BRICK BLACKSON BRICK COCOA B2 -MODULAR BRICK BLACKSON BRICK WHITESTONE MT1 -ALUMINUM COMPOSITE MATERIAL PLACEHOLDER: REYNOBOND OYSTER WHITE MT2 -ALUMINUM COMPOSITE MATERIAL PLACEHOLDER: REYNOBOND CHARCOAL GLS3 -INSULATED SPANDREL PANEL VITRO CLEAR V903 -SUBDUED GRAY INSULATED GLAZING UNIT PLACEHOLDER: SOLARBAN 90 CLEAR VRE 1-46, SHGC = 0.28+ Master City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2018-4600 File ID: Type: Status: 2018-4600 Agenda Item Mayor and Council Reports 1Version: Reference: In Control: City Council 06/30/2019File Created: Final Action: CC Reports 7/9File Name: Title: Report by the City Council on recent and upcoming events. Notes: Agenda Date: 07/09/2019 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 07/09/2019City Council Text of Legislative File 2018-4600 Title Report by the City Council on recent and upcoming events. Summary Page 1City of Coppell, Texas Printed on 7/5/2019