O-3338-11-15ORDINANCE NO. 3338-11-15
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING CHAPTER 6 "ENVIRONMENTAL HEALTH"
ARTICLE VII "STORM WATER MANAGEMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF ALLEN, TEXAS, BY AMENDING SECTION 6-
162 "PURPOSE'; SECTION 6.168 "DEFINITIONS'; SUBSECTION (b) OF
SECTION 6.169 "GENERAL PROHIBITIONS'; SUBSECTION (b) OF SECTION 6-
170 "SPECIFIC PROHIBITIONS AND ILLICIT DISCHARGES'; AND
SUBSECTION (c) OF SECTION 6.181 "GENERAL REQUIREMENTS'; AND BY
DELETING SUBSECTION (c) OF SECTION 6.227 'SUPPLEMENTAL
ENFORCEMENT ACTIONS"; 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, following review of the City's regulations relating to storm water management and pollution
prevention, City Administration determined certain amendments to the City's regulations were needed to
conform to changes to federal and state laws and regulations; and,
WHEREAS, the City Council of the City of Allen, Texas, has determined it to be in the public interest to
' adopt such recommended amendments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Chapter 6 "Environmental Health" Article VII "Storm Water Management' of the Code
of Ordinances of the City of Allen, Texas, is amended as follows:
A. Section 6-162 "Purpose" is amended to read as follows:
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, and;
(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.
B. Section 6-168 "Definitions" is amended adding a new definition for the word "Conveyance" and
amended the definitions of the words and phrases "Grass, "`Pollutant," "Storm Water Management,"
and "Storm Water Pollution Prevention Plan or S WPPP" to read as follows:
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.
Grass means any member of the botanical family Gramineae, herbaceous plants with
bladelike leaves arranged in two 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.
' 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 hmited 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.
Storm Water Management means the use of structural or non-structural control
practicestBMPs 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.
C. Subsection (b) of Section 6-169 "General Prohibitions" is amended to read as follows:
(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 Water Conservation
Ordinance or Water Conservation and Water Resource Management Plan, or that the discharge was
composed entirely of one or more of the following categories of discharges:
(1) A discharge authorized by, and in full compliance with, an NPDES or TPDES permit (other
than the NPDES permit for discharges from the MS4);
Ordinance No. 3338.11-15 . Page 2
(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;
(4) A discharge or flow from water line flushing or disinfection that contains no harmful quantity
of total residual chlorine (TRC) or any other chemical used in line disinfection;
(5) Runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing
potable water, groundwater, or surface water sources;
(6) A discharge or flow from a diverted stream flow or natural spring;
(7) A discharge or flow from uncontaminated pumped groundwater or rising groundwater and
springs;
(8) Uncontaminated groundwater infiltration, as defined in 40 CFR §35.2005(20) to the MS4;
(9) Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing
drain;
(10) Water from the routine external washing of vehicles, the external portion of buildings or
structures, and pavement, where detergents and soaps are not used and where spills or leaks of toxic
'
or hazardous materials have not occurred (unless spilled materials have been removed; and if local
state, or federal regulations are applicable, the materials are removed according to those regulations),
and where the purpose is to remove mud, dirt, or dust;
(11) Uncontaminated water used to control dust;
(12) A discharge or flow from a potable water source not containing any harmful substance or
material from the cleaning or draining of a storage tank or other container;
(13) A discharge 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;
(14) A discharge or flow from individual residential or charity car washing (external surfaces
only);
(15) A discharge or flow from a riparian habitat or wetland;
(16) Discharges from deck drains of all swimming pools and spas, including residential pools,
discharged to a lawn, leaching field, or natural drainage course;
(17) 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;
(18) Discharges associated with dye testing;
(19) Other similar occasional incidental non -storm water discharges such as spray park water,
unless the TCEQ develops permits or regulations addressing these discharges;
Ordinance No. 3338-11-15 Page 3
' (20) Other allowable non -storm water discharges listed in 40 CFR 1122.26(d)(2)(iv)(B)(1); and
(21) Non -storm water discharges that are specifically listed in the TPDES Multi Sector General
Permit (MSGP) TXR050000 or the TPDES Construction General Permit (CGP) TXRI50000.
D. Subsection (b) of Section 6-170 "Specific Prohibitions and Illicit Discharges" is amended to read as
follows:
(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;
Ordinance No. 3338.11-15 . Page 4
' (13) Any mnoff 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;
(15) Any swimming pool, hot rub water, or public interactive water fountain containing
disinfectants;
(16) Any discharge from water line disinfection by superchlorination 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;
(I8) 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, brash, 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
Ordinance No. 3338-11-15 , Page 5
(31) Any kind of other matter that will cause damage to the MS4 or any receiving bodies
of water.
E. Subsection (c) of Section 6-181 "General Requirements" is amended to read as follows.
(c) 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 and that disturbed
portions of the site are stabilized as soon as practicable in portions of the site where
construction activities have either permanently ceased on any portion of the site or
temporarily ceased on any portion of the site and will not resume for a period exceeding 14
calendar days.. Stabilization measures may include: temporary seeding, permanent seeding,
geotextiles, sod stabilization, vegetative buffer strips;
(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 mnoff and the discharge of pollutants from the site to the extent feasible;
' (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; and
(10) 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);
(it) storm water retention structures;
(in) flow attenuation by use of open vegetative swales and natural depressions;
Ordinance No. 3338.11.15 Page 6
I
(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.
F. Section 6-227 "Supplemental Enforcement Actions" is amended by deleting Subsection (c) in its
entirety.
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.
SECTIONS. Any person, firm or corporation violating any of the provisions or terns 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 24TH DAY OF NOVEMBER 2015.
APPR
;� fz��
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
'a
Peter G. Smith, ATTORNEY Shelley B. Georg C, CITY SEC TARY
WAIB1574153)
Ordinance No. 3338.11-15 , Page 7