HomeMy WebLinkAboutO-3721-12-19 ORDINANCE NO.3721-12-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING IN ITS ENTIRETY CODE OF ORDINANCES
CHAPTER 6 "HEALTH AND ENVIRONMENT," ARTICLE VII "STORM WATER
MANAGEMENT" AMENDING THE CITY'S STORM WATER MANAGEMENT
REGULATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000)FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Administration has recommended certain amendments to the City's storm water
management regulations be adopted to comply with changes in state law and regulations as well as to provide
better enforcement of such regulations; and,
WHEREAS,the City Council finds it to be in the public interest to adopt such amendments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending in its entirety Chapter 6"Health and Environment,"Article VII"Storm Water Management"to read
as follows:
ARTICLE VII: STORM WATER MANAGEMENT
DIVISION 1.-GENERALLY
Sec.6-161.-Title.
This article shall be known as the"storm water management ordinance" of the City of Allen,Texas.
Sec. 6-162.-Purpose.
The purpose and objectives of this article are as follows:
(a) To protect human life,health, and property;
(b) Minimize the expenditure of public funds for building and maintaining flood control and storm
drainage projects and cleaning sediment out of storm drains, streets, sidewalks and
watercourses;
(c) To preserve the natural beauty and aesthetics of the community;
(d) To maintain and improve the quality of surface water within the city;
(e) To regulate the contribution of pollutants and prohibit illicit connections and discharges to the
municipal separate storm sewer system(MS4)and natural waters within the city;
(f) To promote public awareness of the hazards involved in the improper discharge of hazardous
substances, petroleum products, household hazardous waste, industrial waste, sediment from
construction sites, pesticides, herbicides, fertilizers, and other contaminants or otherwise
control the discharge of spills and prohibit dumping or disposal of materials other than storm
water, into the storm sewers and natural waters of the city;
(g) To encourage recycling of used motor oil and safe disposal of other hazardous consumer
products;
(h) To enable the city to comply with all federal and state laws and regulations applicable to storm
water discharges; and
(i) To respond to non-compliance with best management practices(BMPs)required by the city.
Sec. 6-163.-Conflicts.
No provision of this article is intended to, nor shall any part hereof be construed, so as to modify,repeal
or conflict with any other ordinance, rule, regulation or state or federal law including the Texas Water Code.
The requirements of this article are in addition to the requirements of any other ordinance, rule,regulation, or
other provision of law,and where any provision of this article imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or
imposes higher protective standards for human health or the environment shall control.
Sec.6-164.-Administration.
Except as otherwise provided herein, the city manager shall administer, implement and enforce the
provisions of this article. For public works construction projects that are administered, performed, contracted,
or funded (in whole or in part) by the city, the city manager or duly appointed representative of the city
department that is administering, performing, or contracting for the construction project shall implement and
111 enforce the provisions of this article.The city manager or duly appointed representative of each city department
shall also implement and enforce the provisions of this article for all municipal operations under such person's
direction.
Sec.6-165.-Interpretation.
In the interpretation and application of this article, all provisions shall be:
(a) Considered minimum requirements; and
(b) Deemed neither to limit nor repeal any other powers granted under state statutes.
Sec. 6-166.-Application.
This article shall apply to the incorporated limits and extraterritorial subdivision jurisdiction of the city.
Sec. 6-167.-Responsibility.
The standards set forth herein and promulgated pursuant to this article are minimum standards;therefore,
this article does not intend or imply that compliance by any person will ensure that there will be no
contamination,pollution,or unauthorized discharge of pollutants.
Sec. 6-168.-Definitions.
111 The following words and terms shall have the respective meanings assigned. Where words or terms are
not defined,they shall have their ordinary accepted meaning within the context with which they are used.Words
in the singular include the plural and the singular.Words in the masculine gender include the feminine,and the
feminine the masculine.
Ordinance No.3721-12-19, Page 2
Appeal means a request for review or interpretation of any provisions of this article or a request of a
variance.
Best management practice or BMP means schedules of activities, prohibitions of practices, maintenance
procedures, structural control, 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.
Capital improvement project means any construction performed or funded in whole or part by the city that
provides improvements on a property or public facility to increase its value.
CFR means Code of Federal Regulations.
Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously
or periodically flowing water.
Charity car wash means a car washing event typically associated with fund raising for a school, a sports
association or any other youth organization or charity.These washes are generally temporary in nature,usually
lasting two(2)days or less.
City manager means the chief executive officer of the city, or designee.
Commencement of construction means the initial disturbance of soils associated with clearing, grading,
excavating,landfilling,and other construction activities.
Commercial means activity pertaining to any business, trade, industry, or other activity engaged in for
profit.
Common plan of development or sale means 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 means any land disturbing activity that involves clearing,grading,excavation,landfilling,or
other placement,movement,removal, or disposal of soil,rock, or other earth materials.
Construction activity means soil disturbance activities, including clearing, grading, excavating,and other
construction related activity(e.g.,stockpiling of fill material and demolition); and construction support activity
but 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 rights-of-way, and similar maintenance activities). Regulated
construction activity is defined in terms of small and large construction activity.
Construction Support Activity means a construction-related activity that specifically supports construction
activity,which can involve earth disturbance or pollutant-generating activities of its own, and can include,but
are not limited to, activities associated with concrete or asphalt batch plants, rock crushers, equipment staging
or storage areas, chemical storage areas,material storage areas,material borrow areas,and excavated material
disposal areas. Construction support activity must only directly support the construction activity authorized
under this general permit.
Construction site operator means the entity or entities associated with a small construction activity or large
construction activity that meet(s)either of the following criteria:
Ordinance No.3721-12-19,Page 3
(a) The entity or entities that have operational control over construction plans and specifications
(including approval of revisions) to the extent necessary to comply with the requirements and
conditions of the TXR150000 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).
Contaminated means containing a harmful quantity of any substance.
Conveyance means curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed
features designed or used for flood control or to otherwise transport storm water runoff.
Detention means the temporary storage of storm water runoff with the goals of controlling peak discharge
rates and providing gravity settling of pollutants.
Detention basin means a basin or alternative structure designed for the purpose of temporary storage of
stream flow or surface water runoff and provides a gradual release of stored water at controlled rates.
Developer means the person, business, partnership, corporation, or association responsible for the
development of a subdivision, addition or tract of land.
Development means the construction, reconstruction, conversion, structural alteration, relocation, or
enlargement of any structure; any mining, dredging, filling, grading, paving, excavation, drilling operations
clearing, landfill or land disturbance; or any change in use,or alteration or extension of the use, of land.
Dewatering means the act of draining rainwater or groundwater from building foundations, vaults, and
trenches.
Director means any city department representative, or designated representative authorized by the city
manager to administer, implement and enforce the provisions of this article.
Discharge means introduction of any pollutant or storm water into the municipal separate storm sewer
system(MS4)or into waters of the United States,or the drainage,release,or disposal of pollutants in stormwater
and certain non-stormwater from areas where soil disturbing activities (e.g., clearing, grading, excavation,
stockpiling of fill material,and demolition),constructions materials or equipment storage or maintenance(e.g.,
fill piles,borrow areas, concrete truck wash out, fueling), or other industrial stormwater directly related to the
construction process(e.g.,concrete or asphalt batch plants)are located.
Disturbance means any operation or activity, such as clearing, grubbing, filling, excavating, mining,
cutting, grading, or removing channel linings, which results in the removal or destruction of protective cover
of soil, including vegetative cover, channel linings,retaining walls,and slope protection.
Disturbed areas means any area or tract of land in which any operation or activity, such as clearing,
grubbing, filling,excavating,mining, cutting, grading,or removing channel linings has occurred and results in
the removal or destruction of protective cover of soil, including vegetative cover, channel linings, retaining
walls,and slope protection.
Domestic sewage means discharges of liquid waste matter from homes, apartment complexes, office
buildings, institutions that contain pathogens and byproducts that are harmful to humans and the environment.
Ordinance No.3721-12-19,Page 4
Environmental Protection Agency or EPA means the United States Environmental Protection Agency,the
regional office thereof,any federal department,agency,or commission that may succeed to the authority of the
EPA, and any duly authorized official of EPA or such successor agency.
Erosion means the wearing away of a land surface by running water,wind,ice or other geological agents,
including such processes as gravitational creep.
Erosion Control Design Plan means a property site plan signed and sealed by a professional engineer
licensed in the State of Texas where land disturbing activity will take place that outlines the locations and types
of structural devices, procedures and practices to be used on a construction site. The Erosion Control Design
Plan shall be developed in accordance with the City of Allen Erosion Control Design Plan standard template.
Facility means any building, structure, installation, process, or activity from which there is or may be a
discharge of pollutant.
Final stabilization means a construction site status where any of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and are 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.
(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.
Flood or flooding means a general and temporary condition of partial or complete inundation of normally
dry land surfaces from the overflow of inland waters or the unusual and rapid accumulation or runoff of surface
waters from any source.
Grading means the stripping,cutting,filling,stockpiling or combination thereof that modifies the existing
land surface contour.
Grass means any member of the botanical family Gramineae, herbaceous plants with bladelike leaves
arranged in two (2) ranks on a round to flattened stem. The term "grass" is sometimes used to indicate a
combination of grass and legumes grown for forage or turf purposes.
Hazardous materials/waste means any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored,transported, disposed of, or otherwise managed.
Ordinance No.3721-12-19, Page 5
HOA means homeowners'association.
Household hazardous waste or HHW means any product found in the home that can be hazardous to the
environment if not disposed of correctly. Examples of household hazardous waste include cleaning solutions,
pesticides,pool chemicals,motor oil,antifreeze,or used batteries.
Illicit connections means:
(a) Any drain or conveyance,whether on the surface or subsurface that allows an illegal discharge
to enter the storm drain system including but not limited to any conveyances that allow any non-storm
water discharge including sewage,process wastewater,and wash water to enter the storm drain system
and any connections to the storm drain system from indoor drains and sinks,regardless of whether said
drain or connection had been previously allowed,permitted,or approved by an authorized enforcement
agency; or
(b) Any drain or conveyance connected from a commercial or industrial land use to the storm drain
system that has not been documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
Illicit discharge means any discharge to a municipal separate storm sewer that is not entirely composed of
stormwater, except discharges pursuant to the TXR040000, TXR150000 or a separate authorization and
discharges resulting from emergency fire-fighting activities.
Immediately means as soon as practicable,but no later than the end of the next work day.
Impervious cover means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops,
pavement, sidewalks,driveways, etc.).
Infiltration means the process of percolating storm water into the subsoil.
Inlet means a surface connection to a closed drain system, a structure at the diversion end of a conduit,or
the upstream end of any structure through which storm water may flow.
Landowner means the legal or beneficial owner of land, including those holding the right to purchase or
lease the land, or any other person holding proprietary rights in the land.
Large construction activity means 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.
Livestock containment area means a lot or facility that stables, confines, and feeds or maintains livestock
in either an open or housed lot for a total of forty-five(45)days or more in any twelve-month period.
Municipal operations means day to day operation and maintenance activities by the city that have the
potential for contributing pollutant runoff to the MS4.
Municipal separate storm sewer system (MS4) means 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
Ordinance No.3721-12-19,Page 6
•
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
111 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.
National Pollutant Discharge Elimination System or NPDES means a program to issue authorizations to
discharge pollutants into waters of the United States if certain conditions are met.
NPDES general permit for storm water discharges from construction sites or construction general permit
means the construction general permit issued by EPA on June 24, 1998 and published in Volume 63 of the
Federal Register at page 36485 on July 6, 1998,and any subsequent modifications or amendments thereto.
NPDES permit means a permit issued by EPA (or by the state under authority delegated pursuant to 33
USC § 1342(b))that authorizes the discharge of pollutants to waters of the United States,whether the permit is
applicable on an individual,group,or general area-wide basis.
Nonpoint source pollution means pollution from any source generally carried off land by storm water
runoff that are diffuse and do not have a single point of origin or are not introduced into a receiving stream from
a specific outlet.
Nonstructural best management practice or BMP means preventative actions that involve management
and source controls such as: policies and ordinances that provide requirements and standards to direct growth
to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open
space(including a dedicated funding source for open space acquisition),provide buffers along sensitive water
bodies,minimize impervious surfaces,and minimize disturbance of soils and vegetation;policies or ordinances
that encourage infill development in higher density urban areas,and areas with existing infrastructure;education
programs for developers and the public about project designs that minimize water quality impacts;and measures
such as minimization of percent impervious area after development and minimization of directly connected
impervious areas.
Notice of intent or NOI means the notice of intent that is required by the construction general permit or
other general permit for the discharge of storm water.
Notice of termination or NOT means the notice of termination that is required by either the construction
general permit or other general permit for the discharge of storm water.
Operator means the person or persons associated with a large or small construction activity that is either
a primary or secondary operator as defined below:
Primary Operator-the person or persons associated with construction activity that meets either of the
following two criteria:
(a) The person or persons have on-site operational control over the construction plans and
specifications,including the ability to make modifications to those plans and specifications; or
(b) The person or persons have day-to-day operational control of those activities at a construction
site that are necessary to ensure compliance with a Storm Water 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).
Ordinance No.3721-12-19,Page 7
Secondary operator means the person or entity, often the property owner, whose operational control is
limited to:
Il (a) The employment of other operators, such as a general contractor, to perform or supervise
construction activities; or
(b) The ability to approve or disapprove changes to construction plans and specifications,but who
does not have day-to-day on-site operational control over construction activities at the site.
Secondary operator operators must either prepare their own SWP3 or participate in a shared SWP3 that
covers the areas of the construction site,where they have control over the construction plans and specifications.
If there is not a primary operator at the construction site, then the secondary operator is defined as the
primary operator and must comply with the requirements for primary operators.
Outfall means 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.
Owner/property owner means the person(s)or entity(ies)who are the record owners of fee simple title to
the property on which part or all of a stormwater facility is located as determined by the Real Property Records
of Collin County,Texas. 1.
Permanent (post-construction) erosion control devices (Permanent BMP) means devices or practices
installed prior to final approval of a project's construction and maintained after said final approval to prevent or
minimize the erosion and deposit of soil materials; all practices and facilities employed to meet and maintain
stormwater runoff quantity and quality requirements after site development has been completed. Such devices
may include, but shall not be limited to,permanent seeding, sod, storm drain channels, channel linings, storm
drain pipes, storm sewer inlet/outlet structures, storm sewer outlet velocity control structures and storm water
detention or retention structures.
Permanent ground cover means permanent vegetative cover existing or placed on all open soil areas of a
property not occupied by a permanent structure or other landscaping improvements, including but not limited
to, live sod,perennial grasses or other materials which lessen runoff and soil erosion on the ground surface.
Person means any individual, organization, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, government entity, or any other legal entity, or their
representatives,agents,or assigns.This definition includes all federal, state,and local governmental entities.
pH means measure of acidity or alkalinity.
Pollutant means any substance introduced into the environment that adversely affects the usefulness of a
resource,whether in minute or mass quantity,and may include,but are not limited to:dredged spoil;incinerator
residue; filter backwash; radioactive materials; heat; paints, varnishes, and solvents; oil and other automotive
fluids;non-hazardous liquid and solid wastes and yard wastes;refuse,rubbish,garbage,litter,rock,sand,cellar
dirt, industrial, municipal or other discarded, wrecked or abandoned objects, ordinances, and accumulations,
that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; agricultural waste,
hazardous substances and wastes; sewage, sewage sludge, fecal coliform and pathogens; dissolved and
particulate metals;animal wastes;wastes and residues that result from constructing a building or structure; and
noxious or offensive matter of any kind.
Ordinance No.3721-12-19,Page 8
Post-Construction means activities and operations performed after the Notice of Termination for a
development or redevelopment project has been filed and approved.
Pollution means unauthorized contamination of surface or subsurface waters or land.
PST means petroleum storage tank.
Qualified personnel means persons who possess the appropriate competence, skills, and ability (as
demonstrated by sufficient education, training, experience, and/or, when applicable, and required certification
or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable
regulatory requirements and generally accepted industry standards for such activity.
Redevelopment means any construction, alteration or improvement of an area where the existing land use
has already been defined as something other than open space or agricultural.
Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping,leaching,dumping,or disposing,directly or indirectly,into the MS4 or the waters of the United States.
Responsible party means a business entity, franchised utility company, developer, property owner,
contractor or holder of a building permit who is required to comply with the terms of this article.
Runoff means excess precipitation that makes its way toward stream channels or lakes as surface or
subsurface flow.
Sanitary sewer or sewer means the system of pipes,conduits,and other conveyances which carry industrial
waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing
facilities,and institutions,whether treated or untreated,to a sewage treatment plant(and to which storm water,
surface water, and groundwater are not intentionally admitted).
Sediment or silt or sand means solid soil material, both mineral and organic, that is being moved or has
been moved from its original location by wind, gravity, flowing water or ice.
Sewage or sanitary sewage means domestic sewage and/or industrial waste that is discharged into the
sanitary sewer system and passes through the sanitary sewer system to a sewage treatment plant utilized by the
city for treatment.
Site means the land or water area where any facility or activity is physically located or conducted,including
adjacent land used in connection with the facility or activity.
Small construction activity means 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.
Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that
serves as a natural medium for the growth of plants.
Stabilized means to be protected from possible erosion losses,usually by mechanical means or the use of
vegetative cover.
State means the State of Texas.
Stop work order or red tag means an order issued which requires that all construction activity on a site be
stopped,issued by the chief building official or his/her designee.
Ordinance No.3721-12-19,Page 9
Storm drainage system means publicly-owned facilities by which storm water is collected and/or
conveyed,including but not limited to any roads with drainage systems,municipal streets,gutters,curbs,inlets,
piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered
drainage channels,reservoirs, and other drainage structures.
Storm water means any surface flow, runoff and drainage consisting entirely of water from any form of
natural precipitation and resulting from such precipitation.
Storm water facility means any natural or engineer facility that is designed to convey storm water runoff,
remove pollutants, and or control flow rates.
Storm water management means the use of structural or non-structural control practicesBMPs designed
to reduce storm water pollutant runoff,discharge volumes,peak flow discharge rates, and detrimental changes
in stream temperatures that affect water quality.
Storm water pollution prevention plan or SWPPP means a plan for storm water discharge that includes
erosion prevention measures and sediment controls that, when implemented, is designed to identify sources of
pollution or contamination at a site and actions to eliminate or reduce pollutant discharges,decrease soil erosion
on a parcel of land and decrease off-site nonpoint source pollution.
Structure means any construction, including a building or any portion thereof, erected for the purposes of
support, shelter or enclosure of persons, animals or property of any kind, including swimming pools located
adjacent to a designated collector or arterial, as designated on the thoroughfare plan, decks in excess of thirty
(30) inches in height, and roof overhangs exceeding three (3) feet. A wooden fence eight (8) feet or less in
height shall not be considered a structure for purposes of this article, nor shall a masonry, brick, or concrete
wall or split rail or picket fence thirty-six(36)inches or less located in front yards.
Structural best management practice or BMP means any storage practices such as wet ponds and extended-
detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and
infiltration practices such as infiltration basins and infiltration trenches.
Surface water in the state/waters of the state means lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams,creeks, estuaries,wetlands,marshes, inlets, canals,watercourses,waterways, wells,reservoirs,
aquifers, irrigation systems, drainage systems the Gulf of Mexico inside the territorial limits of the state(from
the mean high water mark(MHWM)out ten and thirty-six hundredths(10.36)miles into the Gulf),and all other
bodies of surface water,natural or artificial, inland or coastal, fresh or salt, navigable or non-navigable,public
or private, 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.
Temporary erosion control devices means devices installed or practices implemented and maintained
during land disturbing activities to prevent,minimize or control the erosion and deposit of soil materials.
Texas Commission on Environmental Quality or TCEQ means the State of Texas agency by that name,the
regional offices thereof, any state department, agency, or commission that may succeed to the authority of the
TCEQ, and any duly authorized official of TCEQ or such successor agency.
Texas Pollutant Discharge Elimination System or TPDES means a program to issue authorizations to
discharge pollutants into waters of the state if certain conditions are met.
TPDES general permit for storm water discharges from construction sites or construction general permit
means the latest construction general permit issued by TCEQ as authorized under provision of Section 402 of
the Clean Water Act and V.T.C.A,Water Code Ch. 26,as amended.
Ordinance No. 3721-12-19, Page 10
TPDES permit means a permit issued by the TCEQ that authorizes the discharge of pollutants to waters of
the state,whether the permit is applicable to an individual, group,or general area-wide basis.
Uncontaminated means not containing a harmful quantity of any substance.
USC means the United States Code.
Vegetative cover means plants of all sizes and species typically found in an area, irrespective of whether
they have forage or other value, but especially used to refer to vegetation producing a mat on or immediately
above the soil surface.Temporary vegetative cover refers to the use of annual plants for cover until seasonably
viable to establish permanent vegetative cover.Permanent vegetative cover refers to the use of perennial plants,
grown or established to a mowable or other condition acceptable to this article.
Violation means the failure of a person, individual, owner, landowner, developer, builder, operator,
structure or other development to be fully compliant with this article.
Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a
facility.
Watercourse means a permanent or intermittent stream or other body of water,either natural or man-made,
which gathers or carries surface water.
Water quality standard means the designation of a body or segment of surface water in the state for
desirable uses and the narrative and numerical criteria deemed by the state to be necessary to protect those uses,
as specified in Ordinance 307 of Title 31 of the Texas Administrative Code.
111 Watershed means the area drained by a stream or drainage system.
Waters of the United States (waters of the U.S.) has the meaning described in the latest revisions of the
Code of Federal Regulations(40 CFR 122.2).
Yard waste means leaves,grass clippings,yard and garden debris and brush that result from yard care.
Sec.6-169.-General prohibition.
(a) No person shall introduce or cause to be introduced into the municipal separate storm sewer system
any pollutants or waters containing any pollutants, other than storm water.
(b) It is an affirmative defense to a violation of subsection(a)of this section by the discharger that the
discharge was not damaging the environment and complies with the City's Water Conservation and
Water Resource Management Plan, adopted pursuant to Section 14-14.1 of this Code or that the
discharge was composed entirely of one(1)or more of the following categories of discharges:
(1) A discharge authorized by,and in full compliance with,an NPDES or TPDES permit(other
than the NPDES permit for discharges from the MS4);
(2) A discharge or flow resulting from fire-fighting or emergency potable line break, not
containing "hazardous materials" as defined in the section 5-52 of the City Code of
Ordinances, as amended, in which case treatment adequate to remove harmful quantities of
pollutants must have occurred prior to discharge;
(3) Agricultural storm water runoff;
Ordinance No. 3721-12-19, Page 11
(4) Runoff or return flow from landscape irrigation,lawn irrigation,and other irrigation utilizing
potable water, groundwater,or surface water sources;
(5) A discharge or flow from a diverted stream flow or natural spring; uncontaminated pumped
groundwater or rising groundwater and springs;
(6) Uncontaminated groundwater infiltration, as defined in 40 CFR §35.2005(20)to the MS4;
(7) Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing
drain;
(8) 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);
(9) Uncontaminated water used to control dust;
(10) A discharge or flow from a potable water source not containing any harmful substance or
material from the cleaning or draining of a storage tank or other container;
(11) A discharge of flow from air conditioning condensation that is unmixed with water from a
cooling tower,emissions scrubber, emissions filter,or any other source of pollutant;
(12) A discharge or flow from individual residential or charity car washing (external surfaces
only);
(13) A discharge or flow from a riparian habitat or wetland;
(14) Discharges from deck drains of all swimming pools and spas, including residential pools,
discharged to a lawn,leaching field, or natural drainage course;
(15) A discharge or flow from water used in street washing or cosmetic cleaning that is not
contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any
other harmful cleaning substance;
(16) Discharges associated with dye testing;
(17) Other similar occasional incidental non-storm water discharges such as spray park water,
unless the TCEQ develops permits or regulations addressing these discharges;
(18) Other allowable non-storm water discharges listed in 40 CFR§122.26(d)(2)(iv)(B)(1); and
(19) Non-storm water discharges that are specifically listed in the TPDES Multi Sector General
Permit (MSGP) TXR050000 or the TPDES Construction General Permit (CGP)
TXR150000. (c) No affirmative defense shall be available under subsection (b) of this
section if the discharge or flow in question has been determined by the director to be a source
of a pollutant or pollutants to the waters of the United States or to the MS4;
Sec. 6-170.- Specific prohibitions and illicit discharges.
Ordinance No.3721-12-19,Page 12
(a) No person shall introduce or cause to be introduced into the MS4 any discharge that causes or
contributes to causing the City to violate a water quality standard,the city's TPDES permit,or any
state-issued discharge permit for discharges from its MS4.
(b) No person shall dump,drain,spill,leak,pump,pour,emit,empty,discharge,leach,dispose,throw,
place or otherwise introduce or cause, allow, or permit to be introduced any of the following
substances in or on any public street, alley, storm sewer, drainage structure, drainage channel,
stream,river,pond or any other public property.The following are illicit discharges:
(1) Any used motor oil, antifreeze, grease, solvents, toxic chemicals, paint, stain or any other
petroleum product or waste;
(2) Any industrial waste;
(3) Any hazardous waste or infectious waste, including household hazardous waste;
(4) Any garbage,trash,filth,junk,domestic sewage or septic tank waste,cooking oil,grease trap
waste,or grit trap waste;
(5) Any trash,rubbish,refuse,or waste paper;
(6) Any wastewater from a commercial car wash facility; from any vehicle washing, cleaning,
or maintenance at any new or used automobile or other vehicle dealership, rental agency,
body shop, repair shop, or maintenance facility; or from any washing, cleaning, or
maintenance of any business or commercial or public service vehicle,including a truck,bus,
or heavy equipment,by a business that operates more than two(2) such vehicles;
(7) Any wastewater from the washing, cleaning,de-icing,or other maintenance of aircraft;
(8) Any wastewater from a commercial mobile power washer or from the washing or other
cleaning of a building or mechanical equipment exterior that contains any soap, detergent,
degreaser, solvent,other harmful cleaning substance;
(9) Any wastewater from commercial floor,rug,or carpet cleaning;
(10) Any wastewater from the sawcutting,wash down or cleaning of pavement that contains soap,
detergent,solvent,degreaser,emulsifier,dispersant,or any other harmful cleaning substance;
or any wastewater from the washing or cleaning of pavement where any spill, leak,or other
release of petroleum based products, hazardous material, hazardous substance, hazardous
waste or other pollutant has occurred, unless all such released material has been previously
removed;
(11) Any effluent, overflow or blow down, from a cooling tower, condenser, compressor,
emissions scrubber, emissions filter,or boiler;
(12) Any ready-mixed concrete, mortar, ceramic, asphalt base material, hydromulch material, or
any wastewater or substance from the cleaning of any vehicle or equipment containing, or
used in transporting or applying, such material;
(13) Any runoff or wash down water from an animal pen,kennel,or foul or livestock containment
area;
(14) Any filter backwash from a swimming pool or fountain;
Ordinance No.3721-12-19, Page 13
(15) Any swimming pool, hot tub water, or public interactive water fountain containing
disinfectants;
(16) Any discharge from water line disinfection by hyperchlorination or other means unless the
disinfecting chemical has been removed or attenuated to the point where it is not a pollutant;
(17) Any fire protection water, not including fire fighting water used by the fire department,
containing "hazardous materials" as defined in the fire protection and prevention ordinance
of the city;
(18) Any wastewater from a water curtain in a spray room used for painting vehicles or equipment;
(19) Any contaminated or unpermitted storm water discharge associated with an industrial
activity;
(20) Any substance or material that will damage,block,or clog the MS4;
(21) Any release from a petroleum storage tank (PST), or any leachate or runoff from soil
contaminated by a leaking PST,or any discharge of pumped,confined,or treated wastewater
from the remediation of any such PST release;
(22) Any petroleum oil, non-biodegradable cutting oil,transmission fluid, hydraulic fluid, brake
fluid,power steering fluid,antifreeze or other household hazardous wastes;
(23) Any rubble,debris,rubbish,tile,concrete,brick,asphalt,or other building material resulting
from demolition activities;
(24) Any ashes or bum refuse;
(25) Any weeds, grass cuttings,brush,or other yard debris;
(26) Solid or liquid substances which may cause obstruction to the flow in storm sewers or other
interference with the proper operation of the storm water system;
(27) Any wastewater from washout of concrete and wastewater from water well drilling
operations,unless managed by an appropriate control;
(28) Any wastewater from washout and cleanout of stucco, paint, from release oils, and other
construction materials;
(29) Fuels,oils,or other pollutants used in vehicle and equipment operation and maintenance;
(30) Any discharges from dewatering activities,including discharges from dewatering of trenches
and excavations,unless managed by appropriate BMPs; and
(31) Any kind of other matter that will cause damage to the MS4 or any receiving bodies of water.
(c) Sediment and erosion control.
(1) No person shall introduce or cause to be introduced into the MS4 any harmful quantity of
sediment, silt, earth, soil, or other material associated with clearing, grading, excavation,
landfilling,or other construction activities(including any placement,movement,removal,or
disposal of soil,rock, or other earth materials)in excess of what could be retained on site or
Ordinance No.3721-12-19, Page 14
captured by employing sediment and erosion control measures to the maximum extent
practicable.
II (2) No person shall implement erosion or sediment control measures not currently approved by
the city.
(3) A construction project (commercial, residential, or capital improvement) shall not be
considered complete and acceptable by the city until permanent erosion control measures
have been installed to the city's satisfaction.
(4) No person shall conduct any land disturbing or construction activities:
(i) on property over one (1) acre in area without a director-approved Erosion Control
Design Plan and a TCEQ submitted storm water pollution prevention plan (SWPPP)
for that area; or
(ii) on property less than one (1) acre in area that constitutes more than 50% of the site
without a director approved Erosion Control Design Plan
(5) No person shall knowingly fail to install or to maintain erosion control devices as shown or
represented in the approved Erosion Control Design Plan and/or storm water pollution
prevention plan(SWPPP), including maintenance of grass or sod and sediment cleaning of
erosion control devices.
(6) No person shall allow the build-up of off-site sediment from above or below ground
construction related activities in any open space areas.
(d) No person shall connect or maintain a line conveying sewage,domestic or industrial,to the MS4.
111 (e) Any wash water from the service area, garage, or enclosure of a minor auto repair or fuel service
station shall not discharge into the MS4.
(f) Regulation of pesticides, herbicides, and fertilizers.
(1) No person shall use or cause to be used any pesticide,herbicide,or fertilizer contrary to any
directions for use on any labeling required by state or federal law.
(2) No person shall use or cause to be used any pesticide,herbicide, or fertilizer in any manner
that the person knows,or reasonably should know,is likely to cause,or does cause,a harmful
quantity of the pesticide, herbicide, or fertilizer to enter the MS4 or waters of the United
States.
(3) No person shall dispose of, discard, store, or transport a pesticide, herbicide, or fertilizer,or
a pesticide,herbicide,or fertilizer container,in a manner that the person knows,or reasonably
should know,is likely to cause,or does cause,a harmful quantity of the pesticide,herbicide,
or fertilizer to enter the MS4 or waters of the United States.
(4) If provided with a display notice containing the provisions of this subsection, pertaining to
the regulation of pesticides, herbicides, and fertilizers (or a reasonable description thereof),
and the information that any user of the product may obtain further information from the
director or designated individual, any person selling pesticides, herbicides, or fertilizers at
retail or wholesale shall post the notice prominently where it may be read by purchasers of
the product.
(g) Used oil regulation.
Ordinance No.3721-12-19, Page 15
(1) No person shall:
(i) Pour, spill, leak,pump, empty, leach, dispose,or otherwise discharge used oil into the
MS4 or a sewer, drainage system, septic tank, surface water, groundwater, or water
course;
(ii) Knowingly mix or commingle used oil with solid waste that is to be disposed of in a
landfill or knowingly directly dispose of used oil on land or in a landfill; or
(iii) Apply used oil to a road or land for dust suppression,weed abatement,or other similar
use that introduces used oil into the environment.
(2) All businesses that change motor oil for the public and municipal waste transfer stations are
encouraged to serve as public used oil collection centers as provided by V.T.C.A., Health
and Safety Code § 371.024, as amended.
(3) A retail dealer who annually sells directly to the public more than five hundred(500)gallons
of oil in containers for use off-premises shall post in a prominent place a sign provided by
the city or by the state informing the public that improper disposal of used oil is prohibited
by law. The sign shall prominently display the toll-free telephone number of the state used
oil information center.
(h) No person shall have inadequate or unsanitary sewage or plumbing facilities,contrary to the public
health, safety or welfare or in violation of the codes and ordinances of the city and state that could
pollute the MS4 sewer system.
(i) No person shall introduce or cause to be introduced into the sanitary sewer system any discharge
of storm water, polluted or unpolluted, or any discharge that causes or contributes to causing the
city to violate a water quality standard, its agreements associated with the regional sewage
treatment plants, or any state issued permit.
(j) Any person that causes a spill, release, or other discharge of a prohibited substance or other
pollutant to the MS4 is responsible for the cleanup and removal of the substance from the MS4 or
any area adjacent to the MS4 that is exposed to storm water runoff. The owner of the property on
which the spill, release, or discharge occurred is responsible for the cleanup or removal of the
substance from the MS4 or any area adjacent to the MS4 if the person that caused the spill,release,
or discharge to the MS4 is unknown.
(k) Sanitary sewer overflows shall be prevented in any way possible.All sanitary sewer overflows shall
be reported to the City as soon as the owner, occupant, or person otherwise having control of the
sanitary sewer becomes aware of the overflow and to the appropriate federal and state agencies
within twenty-four(24)hours.
(1) No person shall store items segregated for separate collection, disposal, recycling or reuse in a
manner that allows pollutants to enter the MS4. Drums, dumpsters and polycarts shall be closed,
not leaking,and in good condition.
(m)Parking lot storm drain inlets shall be maintained free of trash, litter, garbage, rubbish, grass
clippings, leaves,and other debris material.
(n) Trash and litter on any parcel of land shall be collected for appropriate disposal prior to mowing.
Ordinance No. 3721-12-19, Page 16
(o) The owner,owner's representative,operator,contractor or developer of property shall comply with
the TXR150000 general construction permit, Industrial TXR050000 permit or City approved
Erosion Control Design Plan relating to said property.
Sec. 6-171.-Prohibition of illicit connections.
(a) The construction,use,maintenance or continued existence of illicit connections to the storm drain
system is prohibited, including, but not limited to, illicit connections made in the past, regardless
of whether the connection was permissible under law or practices applicable or prevailing at the
time of connection.
(b) A person violates this article if such person connects or maintains a line conveying sewage to the
MS4.
(c) Connections in violation of this article must be disconnected and redirected, if necessary, to an
approved onsite wastewater management system or the sanitary sewer system upon approval of the
director.
(d) Any drain or conveyance that has not been documented in plans, maps or equivalent, and which
may be connected to the storm sewer system, shall be located by the owner or occupant of that
property upon receipt of written notice of violation from the director requiring that such location
be completed.Results of these locations are to be documented and provided to the director.
Sec. 6-172.-Watercourse protection.
The owner or lessee of property through which a watercourse passes shall keep and maintain that part of
111 the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. The owner or lessee
shall maintain existing privately owned structures within or adjacent to a watercourse, such that the structures
are not or will not become a hazard to the use, function, or physical integrity of the watercourse.
Sec. 6-173.-Cleanup.
(a) Spills and leaks of hazardous materials, hazardous substances, and hazardous wastes or harmful
quantity of a pollutant, including motor vehicle fluids, shall be cleaned up immediately after the
spill occurs or the leak is detected. Surface soil contaminated by the spill or leak must be removed
or otherwise protected from contact with storm water.
(b) Overflows of sanitary sewer and resultant contaminated storm water created within the MS4 shall
be cleaned up immediately by the owner, occupant, or person otherwise having control of the
sanitary sewer.
(c) Drip pans, absorbent mats, or equivalent controls shall be used to collect and properly dispose of
leaking fluids from motor vehicles that are parked outside during maintenance and repairs or while
awaiting repairs at commercial repair facilities. Used engines, transmissions, radiators, and other
vehicle components that have automotive fluids in or on them shall be stored in a manner that
prevents pollutants from entering the MS4.
(d) Wash water, detergents, and solvents used for washing parts and equipment shall be collected for
disposal in accordance with the appropriate federal and state regulations. Vats of solvents or wash
bins used outside shall be covered when not in use to prevent rainfall from filling the vat or bin and
causing an overflow.
Ordinance No. 3721-12-19, Page 17
(e) Trash, litter, garbage, rubbish, grass clippings, leaves,and other debris material removed from the
inlets shall be disposed of in a trash receptacle or collected for composting and shall not be allowed
to enter the MS4.
(f) Any absorbent used for cleanup must be picked up immediately. If wash water is used to clean the
spill or leak,the wash water must be collected for appropriate disposal and not allowed to flow into
the MS4.
DIVISION 2.-STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
Sec. 6-181.-General requirements.
(a) Private property owners, developers, operators or builders shall be responsible for the movement
of soil from their property or construction site which results in accumulation of sediment in
dedicated streets,alleys,lakes,ponds,any waterway or other private properties.Any accumulation
or deposit of soil material beyond the limits of the property or in city streets, alleys or drainage
facilities in an amount sufficient to constitute a threat to public health, safety and comfort as
determined by the director shall constitute a nuisance and violation of this section. The only
exemptions to this provision are lands under active agricultural use. As soon as construction or
modification to the exempted land is to begin so that the use of land will change from agriculture
to any other use,then the land shall lose its exemption and become subject to the provisions of this
article.
(b) Private property owners,developers,operators or builders shall immediately initiate erosion control
and stabilization measures on portions of the site where construction activities have temporarily
ceased and will not resume for a period exceeding 14 calendar days. Stabilization measures that
provide a protective cover must be initiated immediately in portions of the site where construction
activities have permanently ceased. These measures must be completed as soon as practicable,but
no more than 14 calendar days after the initiation of soil stabilization measures and best
management practices.
(c) All operators of construction sites shall use best management practices to control and reduce the
discharge to the MS4 and to waters of the United States, of sediment, silt, earth, soil, and other
material associated with demolition,clearing,grading,excavation,and other construction activities
to the maximum extent practicable. Permanent BMPs as required for post-construction water
quality maintenance by the NPDES or TPDES construction general permit or other ordinances may
be used during construction, as appropriate, for sediment and other pollutant control, and be
restored to serve their post-construction function before development or redevelopment activities
are completed.
(d) The best management practices used at construction sites may include, but are not limited to, the
following measures:
(1) Ensuring that existing vegetation is preserved where feasible
(2) In drought conditions, alternative stabilization measures must be employed as approved by
the director,to stabilize all disturbed areas,and can be irrigated in accordance with the water
conservation and water resource management plan.
(3) Minimizing the disturbance of areas using erosion and sediment controls and BMPs to protect
areas, if necessary, adjacent to construction areas;
(4) Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit
runoff and the discharge of pollutants from the site to the maximum extent practicable;
Ordinance No.3721-12-19,Page 18
(5) Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and
the escape of other windblown waste from the site;
(6) Prevention of the discharge of building materials, including cement, lime, concrete, asphalt
and mortar,to the MS4 or surface water in the State;
(7) Providing general good housekeeping measures to prevent and contain spills of paints,
solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with
construction,and to assure proper cleanup and disposal of any such spills in compliance with
state, federal, and local requirements;
(8) Implementation of proper waste disposal and waste management techniques, including
covering waste materials,minimizing ground contact with hazardous chemicals and trash;
(9) Timely maintenance of vegetation, erosion and sediment control measures, and other best
management practices to maintain each in good and effective operating condition;
(10) Discharges from dewatering activities,including discharges from dewatering of trenches and
excavations,are prohibited,unless managed by appropriate controls(City of Allen Standard
Construction Details—Erosion Control); and
(11) Installation of structural measures during the construction process to control pollutants in
storm water discharges that will occur after construction operations have been completed.
Structural measures should be placed on upland soils to the degree attainable. Installed
structural measures may include,but are not limited to,the following:
(i) Storm water detention structures (including wet ponds);
(ii) Storm water retention structures;
(iii) Flow attenuation by use of open vegetative swales and natural depressions;
(iv) Other velocity dissipation devices;
(v) Infiltration of runoff on site, and;
(vi) Sequential systems which combine several practices.
Operators of construction sites are only responsible for the installation and maintenance of
storm water management measures prior to final stabilization of the site and are not responsible
for maintenance after storm water discharges associated with construction activity have
terminated.
(e) Qualified personnel(provided by the operator of the construction site) as described in the TPDES
General Permit No. TXR150000, shall conduct inspections,perform maintenance of controls, and
maintain documentation for disturbed areas of any construction site that have not been finally
stabilized, areas used for storage of materials that are exposed to precipitation, structural control
measures, and locations where vehicles enter or exit the site, at least once every fourteen (14)
calendar days and within twenty-four(24) hours of the end of a storm that is one-half(0.5) inches
or greater.
(f) All erosion and sediment control measures and other identified best management practices shall be
observed in order to ensure that they are operating correctly and are effective in preventing
significant impacts to receiving waters of the state and the MS4. Based on the results of these
Ordinance No.3721-12-19,Page 19
inspections, best management practices shall be modified as appropriate, prior to the required
TXR150000 inspection schedule.
(g) The director may require plans and/or specifications that are prepared for the construction of site
improvements to illustrate and describe the best management practices required in this section that
will be implemented on the construction site by means of an Erosion Control Design Plan and/or
storm water pollution prevention plan(SWPPP).
(h) The director may deny approval of any permit or any other city approval necessary to commence
or continue construction, or to receive a certificate of occupancy if the management practices
described in the Erosion Control Design Plan, storm water pollution prevention plan(SWPPP), or
observed upon a site inspection by the director are determined not to control and reduce the
discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading,
excavation,or other construction activities to the maximum extent practicable.
(i) Any owner of a site of construction activity, whether or not such owner is an operator, is jointly
and severally responsible for compliance with the requirements in this section.
(j) Any contractor or subcontractor on a site of construction activity,who is not an owner or operator,
but who is responsible under such person's contract or subcontract for implementing a best
management practices control measure, is jointly and severally responsible with the owner for any
willful or negligent failure on such person's part to adequately implement that control measure.
(k) Whenever the management practices at a construction site are modified (as a result of change in
the construction project, in order to implement more effective management practices, in response
to an order or request from the director, or for any other reason), a written description of such
modifications of the management practices may be requested by the director. If modified,the new
management plan must be submitted as soon as possible,but in no case later than seven(7)calendar
days following the modification.
(1) No land disturbing associated with development construction shall commence without the prior
approval of a director issued grading permit or a set of construction plans stamped by the city
"Approved for Construction."
(m)An Erosion Control Design Plan must be submitted and approved by the director and implemented
by private property owners, developers, operators or builders prior to the commencement of any
land disturbing or construction activities:
(1) on property with an area of more than one(1) acre
(2) on property with an area of less than one(1)acre that constitutes more than 50%of the site.
Sec. 6-182.-One acre or greater disturbances.
All operators of sites of construction activity, including soil disturbance activities, construction-related
activity (e.g., stockpiling of fill material), demolition, clearing, grading, excavation, construction support
activity and landfilling activities,that result in the disturbance of one(1)or more acres of total land area,or are
part of a common plan of development or sale within which one(1)or more acres of total land area are disturbed,
shall comply with the following additional requirements:
(a) Any primary or secondary operator who is required to obtain general permit coverage from the
state for storm water discharges from a construction site under the TPDES general permit for storm
water discharges from construction sites (construction general permit) must do so prior to
commencement of land disturbing activities.
Ordinance No.3721-12-19, Page 20
(b) A storm water pollution prevention plan(SWPPP) shall be prepared and implemented prior to the
commencement of construction activities as required in the construction general permit or any
individual NPDES or TPDES permit issued for storm water discharges from the construction site.
Secondary operators must either prepare their own SWPPP or participate in a shared SWPPP that
covers the areas of the construction site, where they have control over the construction plans and
specifications, and with any additional requirement imposed by this or any other city ordinance or
state requirement.
(c) The storm water pollution prevention plan(SWPPP) shall be prepared and certified by a licensed
professional engineer or other professional, approved by the director, certified in a discipline that
includes erosion and sediment control principals appropriate for the site. The signature, date and
seal of the licensed professional engineer or other appropriate certification for the professional
certifying the plan shall constitute his/her attestation to the best of his/her knowledge that the
SWPPP fully complies with the requirements of the construction general permit, or with any
applicable individual NPDES or TPDES permit issued for storm water discharges from the
construction site,and with any additional requirement imposed by or under this article.The SWPPP
shall contain the name, title, and business address of the professional signing the SWPPP, and the
date that he/she did so.
(d) The SWPPP shall be updated and modified as appropriate and as required by the NPDES or TPDES
permit and this article.Any update or modification to the SWPPP that results in a change in design,
construction, operation, or maintenance, which has a significant effect on the potential for the
discharge of pollutants to the MS4 or to the waters of the United States shall be prepared, signed,
dated, and sealed by a licensed professional engineer or other professional, approved by the
director, certified in a discipline that includes erosion and sediment control principals appropriate
for the site.
(e) A copy of any SWPPP that is required by this article shall be submitted to the director in
conjunction with any application for a building permit, demolition permit, early grading release,
and/or any other city approval necessary to commence or continue construction at the project site.
(f) If, upon the director's review of the SWPPP (or any modification to the SWPPP) and any site
inspection that the director may conduct,the director determines that the SWPPP does not comply
with the requirements of the construction general permit,any individual NPDES or TPDES permit
issued for storm water discharge from the construction site,or any additional requirement imposed
by or under this article, the director may issue an order prohibiting the commencement, or the
continuation, of any construction activity at the site. Also, if at any time the director determines
that the SWPPP is not being fully implemented, the director may similarly issue an order
prohibiting the continuation of any construction activity at the site.
(g) Upon review of the SWPPP and any site inspection that is conducted, if at any time the director
determines that the SWPPP is not being fully implemented the director may suspend or deny
approval of any building permit, early grading release, or any other city approval necessary to
commence or continue construction,or to assume occupancy,on the grounds that the SWPPP does
not comply with the requirements of the construction general permit, any individual NPDES or
TPDES permit issued for storm water discharge from the construction site, or any additional
requirement imposed by or under this article.
(h) All owners, developers, contractors and subcontractors identified in an SWPPP shall sign a copy
of the following certification statement before conducting any professional service identified in the
SWPPP:
"I certify under penalty of law that I understand the terms and conditions of the
National Pollutant Discharge Elimination System (NPDES) permit and the Texas Pollutant
Ordinance No.3721-12-19,Page 21
Discharge Elimination System (TPDES) permit that authorizes the storm water discharges
associated with land disturbing activity from the construction site identified as part of this
certification, with the Storm Water Management Ordinance of the City of Allen, and with those
provisions of the Storm Water Pollution Prevention Plan (SWPPP) for the construction site for
which I am responsible."
The certification must include the name and title of the person providing the signature; the name,
address,and telephone number of the contracting firm;the address(or other identifying description)
of the site; and the date the certification is made.
(i) The SWPPP, with the licensed professional engineer's signature, seal, and date affixed, and the
certifications of owners, developers, contractors and subcontractors required by this article, and
with any modifications attached, shall be retained at the construction site from the date of
commencement of construction through the date of final stabilization.
(j) The operator shall make a copy of the SWPPP and any modification thereto available to the EPA,
state inspectors, director and any other authorized city personnel at the construction site upon
request.
(k) The director may,but is not obligated to, notify the operator at any time that the SWPPP does not
meet the requirements of the construction general permit, any applicable individual NPDES or
TPDES permit issued for storm water discharges from the construction site, or any additional
requirement imposed by or under this article. Such notification shall identify those provisions of
the permit or this article which are not being met by the SWPPP and identify which provisions of
the SWPPP require modifications in order to meet such requirements. Compliance with permits
issued by other agencies shall be the sole responsibility of the operator. Within seven(7)calendar
days of such notification from the director(or as otherwise provided by the director),the operator
shall make the required changes to the SWPPP and shall submit to the director a written certification
that the requested modifications have been made and sent to the appropriate state and federal
authorities.
(1) The operator shall modify the SWPPP whenever there is a change in design, construction,
operation, or maintenance, which has a significant effect on the potential for the discharge of
pollutants to the MS4 or to the waters of the United States, and which has not otherwise been
addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly
minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in
storm water discharges associated with construction activity.
(m)The SWPPP shall be modified by the operator to identify any new contractor and/or subcontractor
that will implement a measure in the SWPPP.
(n) All modifications to the SWPPP shall be signed, dated, and sealed by a licensed professional
engineer or other professional certified in a discipline that includes erosion and sediment control
principles appropriate for the site,then submitted to the director within seven(7)calendar days of
a change, determination of ineffectiveness, either by the city or the operator, or effective date of
changes in contractor and/or subcontractor.
(o) The operator shall follow all state and federal guidelines as shown in the TPDES and NPDES when
any changes are made to the SWPPP.
(p) Qualified personnel(provided by the operator of the construction site)shall inspect disturbed areas
of the construction site that have not been finally stabilized,areas used for storage of materials that
are exposed to precipitation, structural control measures,and locations where vehicles enter or exit
the site, at least once every fourteen (14) calendar days and within twenty-four (24) hours of the
Ordinance No.3721-12-19,Page 22
end of the storm that is one-half('/2) inches or greater of rain. Disturbed areas and areas used for
storage of materials that are exposed to precipitation shall be inspected for evidence of, or the
potential for, pollutants entering the drainage system. Erosion and sediment control measures
identified in the SWPPP shall be observed to ensure that they are operating correctly. Where
discharge locations or points are accessible, they shall be inspected to ascertain whether erosion
control measures are effective in preventing significant impacts to receiving waters or the MS4.
Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment
tracking.
(q) Construction site inspections performed by city personnel shall not relieve the requirements of the
operator to perform the operator's own inspections in accordance with subsection(p) above.
(r) Based on results of the inspections required by this article that identify a pollution protection issue,
the site description and/or the pollution prevention measures identified in the SWPPP shall be
modified as appropriate,but in no case later than seven(7)calendar days following the inspection.
Such modifications shall provide for timely implementation of any changes to the SWPPP within
seven(7)calendar days following the inspection.When requested,all modifications to the SWPPP
shall be submitted to the director within seven(7)calendar days of the date of inspection,but in all
cases,revisions to the SWPPP shall be kept in a central location available for inspection within one
(1)hour after the request by the director.
(s) A written report summarizing the scope of any inspection required by this article,and the name(s)
and qualifications of personnel making the inspection, the date(s) of the inspection, major
observations relating to the implementation of the SWPPP, and actions taken in accordance with
this article shall be made and retained by the operator as part of the SWPPP for at least three (3)
years after the date that the site is finally stabilized. This report shall identify any incidence of
noncompliance.Where a report does not identify any incidence of noncompliance,the report shall
contain a certification that the facility is in compliance with the SWPPP, the facility's NPDES or
TPDES permit, and this article. The report shall be certified and signed by the person responsible
for making the report and consistent with the signing requirements of the permit.
(t) The operator shall retain copies of any SWPPP and all reports required by this article or by the
NPDES or TPDES permit for the site, and records of all data used to complete the notice of intent
(NOI), for a period of at least three(3)years from the date that the site is finally stabilized.
(u) Where a site has been finally stabilized and all storm water discharges from construction activities
that are authorized by this article and by the NPDES or TPDES permit are eliminated,or where the
operator of all storm water discharges at a facility changes, the operator of the construction site
shall submit to the director, and to any other responsible city department personnel, a notice of
termination (NOT) that includes the information required by the construction general permit
administered by the TCEQ.
Sec.6-183.- Submission of Notice of Intent(NOI).
(a) Any person subject to a construction activity NPDES or TPDES storm water discharge permit shall
comply with all provisions of such permit. Proof of compliance with said permit shall be required
in a form reasonably acceptable to the Director prior to the allowances of discharges to the MS4.
(b) A copy of any NOI required by the EPA or TCEQ shall be delivered to the director either in person
or by mailing it to:
Notice of Intent to Discharge Storm Water
Attn: Engineering Director
City of Allen
Ordinance No.3721-12-19, Page 23
305 Century Parkway
Allen,Texas 75013-8042
DIVISION 3.-STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY
Sec. 6-186.-General requirements.
For regulations relating to storm water discharges from an industrial activity,the operator shall follow the
guidelines set forth in the Industrial General Permit TXR050000,latest edition and revisions thereof published
by TCEQ.
DIVISION 4.-POST-CONSTRUCTION RUNOFF CONTROL
Sec.6-191.-Findings of fact.
(a) It is hereby determined that:
(1) Land development projects, construction activities and associated increases in impervious
surface area alter the hydrologic characteristics and response of local watersheds. These
alterations increase storm water runoff volume and accelerate the rate of flow, which may
lead to erosion, flooding, stream channel erosion,and sediment transport and deposition.
(2) Storm water runoff and impervious surfaces contribute to increased quantities of water-borne
pollutants which are carried to local water bodies via runoff.
(3) Storm water runoff, soil erosion and nonpoint source pollution can be controlled and
minimized through the regulation of storm water runoff from development sites.
(b) The city establishes this set of water quality and quantity policies applicable to all surface waters
in the city to provide reasonable guidance for the regulation of storm water runoff for the purpose
of protecting local water resources from degradation.
(c) It is determined that the regulation of storm water runoff discharges from land development projects
and other construction activities in order to control and minimize increases in storm water runoff
rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated
with storm water runoff is in the public interest and will prevent threats to public health and safety.
Sec. 6-192.-Purpose.
The purpose of this division is to establish minimum storm water management requirements and proper
management of post-construction stormwater runoff. Minimizing damage to public and private property and
infrastructure, safeguard the public health, safety, environment, general welfare, and protect water resources.
This division seeks to meet that purpose through the following objectives:
(1) To establish minimum post-construction stormwater management standards to minimize increases
in storm water runoff volumes and regulate subsequent quality from any development or
redevelopment in order to reduce flooding, siltation and streambank erosion and maintain the
integrity of stream channels;
(2) To minimize the total annual volume of surface water runoff which flows from any specific site
during and following development or redevelopment to not exceed the pre-development hydrologic
conditions to the maximum extent practicable;
Ordinance No. 3721-12-19,Page 24
(3) To accommodate new development and redevelopment projects in a manner that protects public
safety, groundwater and surface water quality and aquatic living resources and their habitats;
(4) To employ permanent nonstructural and structural best management practices (BMPs) to protect
water quality thereby raising public awareness to storm water quality related issues;
(5) To remove and/or treat storm water pollutants prior to discharge to ground and surface waters
throughout the city;
(6) To ensure the long-term operation and maintenance of all permanent storm water quality features;
(7) To identify the long-term responsibility for maintenance of permanent BMPs and setting forth plans
to ensure continued functionality; and
(8) To reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution,
wherever possible, to the waters of the state through storm water management controls and to
ensure that these management controls are properly maintained and pose no threat to the public.
Sec. 6-193.-Applicability.
This division shall be applicable to all land development or redevelopment applications for both small and
large construction activities, as defined by the TCEQ,unless eligible for an exemption or granted a waiver by
the director.
Sec.6-194.-Drainage design manual development.
(a) The city may provide additional policy, criteria and information including specifications and
standards,for the proper implementation of the requirements of this division and may provide such
information in the form of a drainage design manual.
(b) The drainage design manual may be amended from time to time based on improvements in
engineering, science, monitoring and local maintenance experience. Storm water treatment
practices that are designed and constructed in accordance with these design criteria will be
presumed to meet the minimum water quality performance standards.
Sec.6-195.-Withholding of permits.
No owner or operator shall be issued any building, grading or other land development permits that are
required for land disturbance activities without first satisfying the requirements of this division prior to
commencement of the proposed activity.
Sec. 6-196.-General criteria for post-construction runoff control.
(a) All applicable land development sites shall be designed according to the specific performance
criteria outlined in the city drainage design manual or in conformance with a plan designed by an
engineer licensed in the State of Texas, approved by the director.
(b) Prior to design, applicants are required to consult with the director to determine if they are subject
to additional post-construction storm water design requirements.
Sec. 6-197.-Minimum control requirements.
All storm water management practices and permanent BMPs shall be designed to comply with the criteria,
specifications and the specific storm frequency storage volumes (e.g., water quality, channel protection, ten-
Ordinance No.3721-12-19,Page 25
year,one-hundred-year)as identified in the current drainage design manual or Allen Land Development Code,
unless the director grants a waiver or the owner is exempt from such requirements. Stormwater runoff quality
after development or redevelopment of the property shall replicate pre-development conditions,to the greatest
extent practicable. If hydrologic or topographic conditions warrant greater control than that provided by the
minimum control requirements, the director may impose any additional requirements deemed necessary to
control the volume, quality,timing,and rate of runoff.
Sec.6-198.-Site design feasibility.
Storm water management practices for a site shall be chosen based on the physical conditions of the site.
Among the factors that should be considered:
(1) Topography;
(2) Total maximum drainage area;
(3) Depth to water table;
(4) Soils;
(5) Slopes; and
(6) Terrain.
Applicants shall consult the drainage design manual for guidance on the factors that determine site design
feasibility when selecting a storm water management practice.
Sec.6-199.-Conveyance issues.
All storm water management practices shall be designed to convey storm water and allow for maximum
removal of pollutants and reduction in flow velocities,which shall include,but are not be limited to:
(1) Use of structural and nonstructural best management practices(BMPs)and controls;
(2) Maximizing of path flow distance from inflow points to outflow points;
(3) Protection of inlet and outfall structures; and
(4) Elimination of erosive flow velocities.
Sec.6-200.-Maintenance agreements.
All storm water management and/or treatment practices shall have an enforceable operation and
maintenance agreement to ensure the system functions as designed. Such agreement will include any and all
maintenance easements required to access and inspect the storm water practices, and to perform routine
maintenance as necessary to ensure proper functioning of the storm water practice.
Sec.6-201.-Structural storm water practices.
Owners are required by the city to implement structural measures to reduce runoff volumes and velocities
at sites where downstream infrastructure is insufficient to accommodate developed flows. The following
methods shall be considered appropriate for consideration as structural storm water practices:
(1) Swales and channels;
Ordinance No.3721-12-19,Page 26
(2) Culverts, inlets and pipes;
(3) Detention;
(4) Energy dissipaters;
(5) Infiltration trenches;
(6) Storm water ponds;
(7) Porous surfaces; and
(8) Re-use(rain harvesting, etc.).
Sec. 6-202.-Use of other or new storm water practices.
(a) New and innovative technologies shall be evaluated and are encouraged for use providing that there
is sufficient documentation as to their effectiveness and reliability.
(b) Alternately,new structural storm water practices will not be accepted for inclusion in the city until
independent performance data shows that the structural control conforms to local and/or state
criteria for treatment,conveyance,maintenance and environmental impact.
Sec.6-203.-Landscaping and final stabilization requirements.
(a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared
or removed by development activities shall be revegetated within fourteen(14)calendar days from
substantial completion of such clearing and construction. The following criteria shall apply to
revegetation efforts:
(1) any construction activity where any of the following conditions are met:
(i) All soil disturbing activities at the site have been completed and are 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.
(ii) For individual lots in a residential construction site by either:
a. The homebuilder completing final stabilization as specified in condition(a) above;
or
b. 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.
(2) 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.
Ordinance No.3721-12-19,Page 27
(3) Replanting with native woody and herbaceous vegetation must be accompanied by placement
of matting,mulch or an equivalent of sufficient coverage to control erosion until the plantings
are established and are capable of controlling erosion.
(4) Any area of revegetation must exhibit survival of a minimum of seventy(70)percent of the
cover crop throughout the year immediately following revegetation. Revegetation must be
repeated in successive years until the minimum seventy(70)percent survival for one(1)year
is achieved.
(b) Upon instruction from the director, a landscaping plan prepared by a Texas registered landscape
architect shall be submitted with the final design describing the vegetative stabilization and
management techniques to be used at a site after construction is completed. The landscaping plan
will explain not only how the site will be stabilized after construction,but who will be responsible
for the maintenance of vegetation at the site and what practices will be employed to ensure that
adequate vegetative cover is preserved.The landscaping plan,if required,must be approved by the
director prior to land disturbing activities.
Sec. 6-204.-Privately-owned erosion control requirements.
(a) Storm water system responsible party.
(1) For privately-owned storm water drainage systems and/or water quality devices used for
residential or commercial areas,the developer shall be responsible for all of the maintenance
and repair of such storm water drainage systems and/or water quality devices serving that
residential or commercial area until the developer or owner no longer has an ownership
interest in any property served by the storm water drainage system and/or water quality
device.
(2) Once an HOA is organized and becomes active for a residential area served by a storm water
drainage system and/or water quality device, the HOA shall be responsible for the
maintenance and repair of the storm water drainage system and/or water quality device. If
there is no active HOA or the HOA fails to maintain the privately-owned storm water
drainage system and/or water quality device, then the city may, but is not required, to
maintain and repair the system and/or device.
(3) Maintenance of a storm drainage system and/or water quality device shall include such items,
but not be limited to:
(i) Mowing of tall weeds and grass;
(ii) Regular and routine removal of floatables and debris;
(iii) Dredging of silt and sludge and removal and proper disposal of such silt and sludge off-
site;
(iv) Correcting failures of inlet or outlet control structures;
(v) Implementation of erosion mitigation measures;
(vi) Repair and maintenance of aeration equipment; and
(vii) Maintaining optimal operation of underground and above ground detention.
Ordinance No.3721-12-19, Page 28
(b) Disclosure of HOA information to the MS4.
(1) Upon the organization and formation of an HOA, the HOA should provide updated contact
information to the city for compliance and reporting communications. The minimum
information to be provided by the HOA to the city includes:
(i) Name of subdivision and HOA;
(ii) Name, address, telephone number and email address of any management company
involved with activities related to the HOA(if applicable);
(iii) Name, address, telephone number and email address of a direct contact person
representing or authorized to act on behalf of the HOA;
(iv) Date of formation of the HOA;
(v) Current listing of storm water drainage structures and/or water quality devices over
which the HOA has control; and
(vi) Dates when any changes were made to the HOA board, structure or the storm drainage
system and/or water quality device over which the HOA has control.
(2) Any changes to the contact information regarding the HOA must be reported within 30 days
to the City.
(3) The HOA is required to annually contact with the city planning department to ensure that all
information is up to date.
(c) Authorization to inspect, adopt and impose best management practices.
(1) The city has the authority to conduct storm water inspections to require implementation of
best management practices where appropriate.
(2) The selection, application and maintenance of BMPs must be sufficient to prevent or reduce
the likelihood of pollutants entering the receiving storm drainage system.
(3) The city may adopt and impose requirements identifying specific BMPs for any activity,
operation or facility,which may cause a discharge of pollutants to the storm drainage system.
Where specific BMPs are required, every person undertaking such activity or operation or
owning or operating such facility shall implement and maintain BMPs at the person's own
expense.
Sec. 6-205.-Failure to maintain practices.
(a) In the event a storm water management facility, storm water drainage system and/or water quality
device is deemed by the city to be in need of maintenance or repair or is determined a danger to
public safety or public health, the responsible person for such storm water management facility
shall have thirty(30) days after receipt of notice from the city to effect maintenance and repair of
the facility in an approved manner.
(b) If a responsible party fails or refuses to comply with the storm water facility maintenance
requirements of this article,the director, after reasonable notice, may cause the necessary work to
be done to correct a violation of the design standards or maintenance and assess the responsible
party for all incurred costs and expenses.
Ordinance No.3721-12-19,Page 29
DIVISION 5.-COMPLIANCE EXAMINATION AND NOTIFICATION
Sec.6-211.-Right of entry: inspection and sampling.
(a) The director shall have the right to enter the premises of any person discharging storm water to the
MS4 or to waters of the United States to determine if the discharger is complying with all
requirements of this article, and with any state or federal discharge permits, limitations, or
requirements.
(b) The director shall be permitted to enter any property or facility subject to this article at any
reasonable time, for the purpose of making inspections to determine compliance with this article.
(c) The director shall be permitted to inspect any records,documents,plans,drainage control facilities,
or drainage related improvements or control measures, to conduct sampling, or to evaluate any
storm water treatment practices, for the purpose of determining compliance with this article.
(d) Dischargers shall allow the Director ready access to all parts of the premises for the purposes of
inspection, sampling,records examination and copying,and for the performance of any additional
duties.
(e) Dischargers shall make available to the Director, upon request, any SWPPP's, modifications
thereto, self-inspection reports,monitoring records, compliance evaluations, notices of intent, and
any other records,reports,and other documents related to compliance with this article and with any
state or federal discharge permit.
(f) Where a discharger has security measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the director will be permitted to enter
without delay for the purposes of performing his/her responsibilities.
(g) The director shall have the right to install on the discharger's property, or require installation of,
such devices as are necessary to conduct sampling and/or metering of the discharger's operations.
(h) The director may require any discharger to the MS4 or waters of the United States to conduct
specified sampling,testing, analysis, and other monitoring of its storm water discharges, and may
specify the frequency and parameters of any such required monitoring.
(i) The director may require the discharger to install monitoring equipment as necessary at the
discharger's expense. Sampling and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at its own expense. All devices used to measure
storm water flow and quality shall be calibrated to ensure their accuracy.
(j) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the discharger at the written or verbal request of the
director and shall not be replaced.The costs of clearing such access shall be borne by the discharger.
(k) It shall be unlawful for any person to interfere with the Director, or designees, in the performance
of their duties as prescribed in this article. Unreasonable delays greater than one (1) hour in
allowing the director access to the discharger's premises shall be a violation of this article.
Sec.6-212.-Inspection or search warrants.
If the director has been refused access to any property or facility subject to this article, and such person
has probable cause to believe that there is a violation of this article or any state or federal discharge permit,
Ordinance No.3721-12-19,Page 30
limitation, or requirement, or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program of the city designed to verify compliance with this article,then the director may seek issuance
of an inspection or search warrant from any court of competent jurisdiction.
Sec.6-213.-Notification of spills.
(a) Notwithstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any
known or suspected release of materials which are resulting or may result in illegal discharges or
pollutants discharging into storm water,the storm drain system,or waters of the United States,said
person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials said person shall immediately notify
emergency response agencies of the occurrence via emergency dispatch services. In the event of a
release of nonhazardous materials, said person shall notify the director in person or by phone or
email immediately. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence.
(b) Failure to provide notification of a release as provided above is a violation of this article.
DIVISION 6.-REPORTS OF VIOLATION
Sec.6-216.-Citizen reports of violations.
(a) All citizens are encouraged to report any spills, releases, illicit connections, other instances of
anyone discharging pollutants into the MS4 or waters of the United States, and any other violation
of this article to the director.
(b) A written record of each citizen report to the city will be prepared and maintained in accordance
with the city records retention policy. A copy of the city's record of the report will be furnished to
the reporting citizen upon request. The director will, upon request, inform the reporting citizen of
any action taken by the city.
DIVISION 7.-ENFORCEMENT
Sec. 6-219.-Enforcement authority.
The enforcement authority for the provisions of this article shall be the city manager.
Sec.6-220.-Violations.
(a) It shall be unlawful for any person to violate any provision or fail to comply with any provision of
this article. Any person who has violated or continues to violate a provision of this article,may be
subject to the enforcement actions outlined in this article or may be restrained by injunction or
otherwise abated in a manner provided by law.
(b) In the event a violation constitutes an immediate danger to public health or public safety, the city
is authorized to enter upon the private property, without giving prior notice, to take any and all
measures necessary to abate the violation and/or restore the property.
Sec. 6-221.-Notice of violation and compliance orders.
(a) When the director finds that a person has violated,continues to violate, or threatens to violate,any
provision of this article, or any order issued hereunder,the director shall serve upon that person a
Ordinance No.3721-12-19,Page 31
written notice of violation, specifying the particular violation believed to have occurred and
requesting the discharger to immediately investigate the matter and to seek a resolution whereby
any offending discharge will cease.
(b) The director may issue the violator a compliance order directing that the violator come into
compliance within a specified time, prior to commencement or continuance of operation, or
immediately. The order may also contain other requirements to address the noncompliance,
including additional self-monitoring, and management practices designed to minimize the amount
of pollutants discharged to the MS4 and waters of the United States.
(c) Investigation and/or resolution of the matter in response to a notice of violation or compliance order
in no way relieves the alleged violator of liability for any violations occurring before or after receipt
of the notice or order.
(d) Nothing in this subsection shall limit the authority of the director to take any action, including
emergency actions or any other enforcement actions.
Sec.6-222.-Remediation,abatement,and restoration orders.
(a) When the director finds that a person has violated,or continues to violate,any provision of this
article, or any order issued hereunder, and that such violation has adversely affected the MS4, or the waters of
the United States,the director may issue an order to the violator directing him/her to undertake and implement
any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4, or the
waters of the United States,and/or to restore any part of the MS4,or the waters of the United States.
(b) Such remedial,abatement,and restoration action may include,but not be limited to:
(1) Monitoring assessment, and evaluation of the adverse effects and determination of the
appropriate remedial, abatement, and/or restoration action;
(2) Confinement, removal, cleanup, treatment, and disposal of any discharged or released
pollution or contamination;
(3) Prevention, minimization, and/or mitigation of any damage to the public health,welfare,
or the environment that may result from the violation,and/or;
(4) Restoration or replacement of city property or natural resources damaged by the violation.
(c) The order may direct that the remediation, abatement, and/or restoration be accomplished on a
specified compliance schedule and/or be completed within a specified period of time.
(d) An order issued under this subsection does not relieve the violator of liability for any violation,
including any continuing violation.
(e) Issuance of an order under this subsection shall not be a bar against, or a prerequisite for, taking
any other action against any responsible party.
Sec. 6-223.-Emergency cease and desist orders.
(a) When the director finds that any person has violated, continues to violate, or threatens to violate,
any provision of this article, or any order issued hereunder, or that the person's past violations are
likely to recur, and that the person's violation(s), or threatened violation(s), have caused or
contributed to an actual or threatened discharge to the MS4 or waters of the United States which
reasonably appears to present an imminent or substantial endangerment to the health or welfare of
Ordinance No.3721-12-19,Page 32
persons or to the environment, the director may issue an order to the violator directing it
immediately to cease and desist all such violations and directing the violator to:
(1) Immediately comply with all requirements of this article; and
(2) Take such appropriate preventive action as may be needed to properly address a continuing
or threatened violation, including immediately halting operations and/or terminating the
discharge.
(b) Any person notified of an emergency order directed to it under this subsection shall immediately
comply and stop or eliminate its endangering discharge.
(c) In the event of a discharger's failure to immediately comply voluntarily with the emergency order,
the director may take such steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, including immediate termination of a facility's water supply, sewer
connection, or other municipal utility services.
(d) The director may allow the person to commence or recommence its discharge when it has
demonstrated to the satisfaction of the director that the period of endangerment has passed,unless
further termination proceedings are initiated against the discharger under this article.
(e) A person that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a detailed written statement, describing the causes of the harmful
discharge and the measures taken to prevent any future occurrence, to the director within ten(10)
calendar days of receipt of the emergency order.
(f) Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for,
taking any other action against the violator.
Sec. 6-224.-Stop work orders or "red tags".
(a) Whenever the director finds that any owner and/or operator of a construction site has violated,
threatens to violate, or continues to violate, any provision of this article, or any order issued
hereunder, the director may issue a stop work order or"red tag" to the operator, and require that a
copy of the stop work order be posted at the construction site and distributed to all city departments
and divisions whose decisions affect any activity at the site.
(b) Unless express written exception is made by the director, the stop work order or "red tag" shall
prohibit any further construction activity,or any commencement of construction activity,at the site
and shall bar any further inspection or approval by the city associated with a building permit,early
grading release, or any other city approval necessary to commence or continue construction or to
assume occupancy at the site.
(c) Issuance of a stop work order or "red tag" shall not be a bar against, or a prerequisite for, taking
any other action against the violator.
Sec. 6-225.-Appeal.
Any person may appeal the decision of the director to the city manager. The decision of the city manager
is final.
Sec. 6-226. - Judicial enforcement.
(a) Injunctive relief
Ordinance No.3721-12-19,Page 33
(1) Whenever it appears that a person has violated, or continues to violate,any provision of this
article or order issued hereunder,the city may seek the issuance of a temporary or permanent
injunction,as appropriate,which restrains or compels the specific performance by that person
of any requirement imposed by this article or any order issued hereunder.
(2) The director may also seek other action as appropriate for legal and/or equitable relief,
including a requirement for a violator to conduct environmental remediation, abatement, or
restoration.
(3) Action for injunctive relief shall not be a bar against, or prerequisite for, taking any other
action against a violator.
(b) Civil remedies.
(1) Any person who has violated, or continues to violate, any provision of this article, or any
order issued hereunder, shall be liable to the city for a maximum civil penalty of not more
than two thousand dollars($2,000.00)per violation,per day.
(2) The city may file suit in the state district court to recover all penalties,reasonable attorneys'
fees, court costs, and other expenses associated with enforcement activities, including
sampling and monitoring expenses, the cost of any actual damages incurred by the city, and
any costs of remediation, abatement, and restoration incurred by the city, as well as civil
penalties, in any court of competent jurisdiction.
(3) In determining the amount of civil liability, the court shall take into account all relevant
circumstances, including, but not limited to, the extent of harm caused by the violation,the
magnitude and duration of the violation,any economic benefit gained through the violation,
corrective actions by the violator,the compliance history of the violator,and any other factor
as justice requires.
(4) A suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other
action against a violator.
(c) Criminal prosecution.
(1) Any person who knowingly violates any provision of this article, or any order issued
hereunder, shall, upon conviction be guilty of a misdemeanor, punishable by a fine of not
more than two thousand dollars ($2,000.00)per violation. Each day a violation continues to
exist shall be considered a separate offense.
(2) Any person who knowingly introduced any substance into the MS4 or waters of the United
States which causes personal injury or property damage shall, upon conviction in the
municipal court,be guilty of a misdemeanor and be subject to a penalty of not more than two
thousand dollars ($2,000.00) per violation. Each day a violation continues to exist shall be
considered a separate offense. This penalty shall be in addition to any other cause of action
for personal injury or property damage available under state law.
(3) Any person who knowingly makes any false statement,representation,or certification in any
application, record, report, plan, or other documentation filed, or required to be maintained,
pursuant to this article, or any order issued hereunder, or who has falsified, tampered with,
or knowingly rendered inaccurate any monitoring device or method required under this
article shall, upon conviction, be subject to a fine of not more than two thousand dollars
Ordinance No.3721-12-19, Page 34
($2,000.00) per violation. Each day a violation continues to exist shall be considered a
separate offense.
(d) Civil suit under the Texas Water Code. Whenever it appears that a violation or threat of violation
of any provision of the Texas Water Code, or any rule,permit,or order of the TCEQ,has occurred
or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the
city,in the same manner as the TCEQ,may have a suit instituted in a state district court through its
city attorney for the injunctive relief or civil penalties or both authorized by the Texas Water Code,
against the person who committed or is committing or threatening to commit the violation.
(e) Remedies nonexclusive.
(1) The remedies provided for in this article are not exclusive of any other remedies that the city
may have under local, state or federal law.
(2) The city may take any, all,or any combination of these actions against a violator.
(3) The city is empowered to take more than one(1)enforcement action against any violator.
(4) These actions may be taken concurrently.
Sec. 6-227.- Supplemental enforcement actions.
(a) Performance and maintenance bonds.
(1) The director may,by written notice, order any owner or operator of a source of storm water
discharge associated with construction or industrial activity to file a satisfactory bond,
payable to the city,in a sum not to exceed a value determined by the director to be necessary
to achieve consistent compliance with this article, any order issued hereunder, any required
best management practice, and/or any storm water pollution prevention plan provision,
and/or to achieve final stabilization of the site.
(2) The director may deny approval of any city permit or approval necessary to commence or
continue construction or any industrial activity at a site, or to assume occupancy, until such
a performance or maintenance bond has been filed.
(b) Liability insurance. The director may, by written notice, order any owner or operator of a source
of storm water discharge associated with construction or industrial activity to submit proof that it
has obtained liability insurance, or other financial assurance, in an amount not to exceed a value
determined by the director, that is sufficient to remediate, restore, and abate any damage to the
MS4, the waters of the United States, or any other aspect of the environment that is caused by the
discharge. Any insurance obtained by an owner or operator must name the city as additionally
insured. Secs.6-228-6-230.-Reserve
DIVISION 8.-MISCELLANEOUS PROVISIONS
Sec. 6-231.-Charges and fees.
(a) The city may adopt reasonable fees for reimbursement of costs of constructing, operating, and
maintaining the city's MS4, and for reimbursement of costs of implementing its storm water
management program as required by the EPA or the state,and the cost of implementing this article,
which costs may include,but not be limited to,the following:
Ordinance No. 3721-12-19, Page 35
•
(1) Fees for monitoring,inspection, and surveillance procedures including the cost of collecting
and analyzing discharges and reviewing monitoring reports submitted by dischargers;
(2) Fees for spill and release reports and responding and remediating spills and releases of oil,
hazardous and extremely hazardous substances, and other pollutants, and;
(3) Other fees as the city may deem necessary to carry out the requirements contained in this
article.
(b) These fees relate solely to the matters covered by this article and are separate from all other fees,
fines, and penalties chargeable by the city.
SECTION 2. All ordinances of the City in conflict with the provisions of this ordinance shall be, and the
same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence,paragraph, subdivision,clause,phrase or section of this ordinance
or of the Code of Ordinances,as amended hereby,be adjudged or held to be void or unconstitutional,the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances,as amended
hereby,which shall remain in full force and effect.
SECTION 4. 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 5. Any person,firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of Allen,as previously amended, and upon conviction shall be punished by a fine not to
exceed the sum of Two Thousand Dollars($2,000) for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption as the law and charter may require.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 10TH DAY OF DECEMBER 2019.
AP► V I:
II,� ' `Issmatillk
Stephen Terrell,MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CIT ATTORNEY Shelley . George, C, ITY SEC S ` 1Z
(kbl:12/4/19:112514)
Ordinance No.3721-12-19,Page 36