O-2925-7-10ORDINANCE NO. 2925-7-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 6, TO ADD ARTICLE VII, ESTABLISHING 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.
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
Chapter 6, in part, to add Article VII, to establish storm water management regulations, to read as follows:
"ARTICLE VII. STORM WATER MANAGEMENT
DIVISION 1. GENERAL
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 stone 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 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 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.
' 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, role,
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
mom 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
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. 6-165. Definitions
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.
Appeal means a request for review or interpretation of any provisions of this Ordinance or a request
' of variance.
Best Management Practices or BMP means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the
Ordinance No. 2925-7-10, Page 2
United States. BMPs also include treatment requirements, operating procedures, and practices to control
construction site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
' 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 days or less.
City means the City of Allen, Texas
City Council means the governing body of the City.
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 means a contiguous area where multiple separate and distinct
construction activities may be taking place at different times on different schedules under one plan.
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.
Contaminated means containing a harmful quantity of any substance.
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.
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.
Ordinance No. 2925-7-10, Page 3
Disturbance means any operation or activity, such as clearing, grabbing, 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.
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 Plan means a property design 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
Pipes of structural devices, procedures and practices to be used on a construction site in order to control
erosion and sediment deposits.
Facility means any building, structure, installation, process, or activity from which there is or may be
a discharge of pollutant.
' Final Stabilization means the state when all soil disturbing activities at a site have been completed,
and a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not
covered by permanent structures have been established, or equivalent permanent stabilization measures (such
as the use of riprup, gabions, or geotextiles) have been employed.
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 ranks on a round to flattened stem. Common examples are fescue, Bermuda grass and Bahia
grass. The term "grass" is sometimes used to indicate a combination of grass and legumes grown for forage or
turf purposes.
Hazardous MaterialsXaste 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.
' 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.
Ordinance No. 2925-7-10, Page 4
Illicit Connections means (1) 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 (2) 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.
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.
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 45 days or more in any 12 -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 or M94 means the system of conveyances (including but,
not limited to sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains) owned and operated by the City and designed or used for collecting or
conveying storm water, that is not used for collecting or conveying domestic sewage.
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.
Non -Structural 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
Ordinance No. 2925-7-10, Page 5
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 who, either individually or taken together, meet the definition
of "Opem[or" as defined in the TPDES General Permit TXR150000 document, Part I, Section B , dated
February 15, 2008 (also known as the Construction General Permit).
Outfall means the point where water flows from a stream, river, lake or artificial drain.
Owner /Property Owner means the person or persons who own all or a part of a facility or property.
Permanent (Past -Construction) Erosion Control Devices means devices or practices installed prior to
final approval of a projects' construction and maintained after said final approval to prevent or minimize the
erosion and deposit of soil materials. Such devices may include, but shall not be limited to, permanent
seeding, and, storm drain channels, channel linings, storm drain pipes, storm sewer inlevoutlet structures,
storm sewer outlet velocity control structures and storn 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.
pHmeans 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: paints, varnishes,
and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, that may
cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and
wastes; sewage, 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.
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.
Ordinance No. 29257-10, Page 6
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 andpassesthrough 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.
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.
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 Management means the use of structural or non-structural practices that are designed to
reduce storm water runoff pollutant loads, discharge volumes, and/or peak flow discharge rates.
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 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
Ordinance No. 29257-10, Page 7
excess of 30 inches in height, and roof overhangs exceeding three feet. A wooden fence eight 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 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 (MHW`M) out 10.36 miles into the Gulf), and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, navigable or 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 timing 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 Chapter 26 of the Texas Water Code, as amended.
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 stone 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.
Ordinance No. 2925-7-10, Page 8
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.
Watershed means the area drained by a stream or drainage system.
Waters of the United States (Waters of the US) 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 brash 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 stone 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 Water Conservation
Ordinance or Water Conservation and Drought Contingency and Water Emergency Response Plan for
the City, Texas, 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);
' (2) A discharge or flow resulting from fire fighting 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) A discharge or flow from lawn watering, landscape irrigation, or other irrigation
water;
(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,,
(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) 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;
Ordinance No. 29257-10, Page 9
(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) Dechlorinated swimming pool water (not filter backwash from a swimming pool or
hot tub) that: contains no harmful quantities of chlorine or other chemicals; has a pH of 6.5 to
8.5, and the flow does not cause flooding or property damage.
(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) Discharges or flows from a designated spray playground or spray park, provided the
water feature is served by a separate water meter and a written agreement exists between the
operator and the City, regarding limitations and restrictions to such use. (Facilities with
recirculated water shall be permitted as pools through the Building & Code Department.
(18) Other similar occasional incidental non -storm water discharges
(c) No affirmative defense shall be available under Subsection (b) of this section if
' (1) 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;
(2) Written notice of such determination has been provided to the discharger, and;
(3) The discharge has continued after the expiration of the time given in the notice to
cease the discharge.
Sec. 6-170. Specific Prohibitions and Illicit Discharges.
(a) No person shall introduce or cause to be introduced into the MS4 any discharge that causes or
contributes to causing the City of Allen 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;
Ordinance No. 2925-7-30, Page 10
(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;
' (I1) 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;
(15) Any swimming pool or hot tub water that has not been dechlorinated, has a pH of less
than 6.5 or greater than 8.5, causes flooding, property damage, or damage to the environment;
(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;
' (18) Any wastewater from a water curtain in a spray room used for painting vehicles or
equipment;
Ordinance No. 2925-7-10, Page 11
(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 burn 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 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 captured by employing sediment and erosion control measures to the maximum
extent practicable.
(2) No person shall implement erosion or sediment control measures not currently
approved by the City or the State.
(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 over one (1)
acre in size without a Director approved Erosion Control Plan and a TCEQ submitted Storm
Water Pollution Prevention Plan (S WPPP) for that area.
(5) No person shall knowingly fail to install or to maintain erosion control devices as
shown or represented in the approved Erosion Control 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.
Ordinance No. 2925-7-10, Page 12
(d) No person shall connect or maintain a line conveying sanitary sewage, domestic or industrial,
to the MS4.
' (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
(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 Section
371.024, as amended, of the Texas Health & Safety Code, as amended.
(3) A retail dealer who annually sells directly to the public more than 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.
Ordinance No. 2925-7-10, Page 13
(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.
0) 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 of Allen 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 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.
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.
(b) This prohibition expressly includes, without limitation, 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.
(c) A person is considered in violation of this Article if such person connects or maintains a line
conveying sewage to the MS4.
(d) 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.
(e) 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
Ordinance No. 2925-7-10, Page 14
The Owner or Lessee of property through which a watercourse passes shall keep and maintain that
part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that
' would pollute, contaminate, or significantly 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.
(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 before the next rainfall. 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.
Sec. 6-174. to 6-180. (Reserved)
DMSION 2. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
Sec. 6-181. General Requirements.
(a) Private property owners, developers, 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) 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
Ordinance No. 2925-7-10, Page 15
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.
(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 ceased. Stabilization measures may include: temporary seeding,
permanent seeding, geotextiles, sod stabilization, vegetative buffer strips;
(2) Minimizing the disturbance of areas using temporary erosion control fencing to
protect areas, if necessary, adjacent to construction areas;
(3) 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 extent feasible;
(4) Minimization of the tracking of sediments off-site by vehicles, the generation of dust,
and the escape of other windblown waste from the site;
(5) Prevention of the discharge of building materials, including cement, lime, concrete,
asphalt and mortar, to the MS4 or surface water in the State;
' (6) 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;
(7) Implementation of proper waste disposal and waste management techniques,
including covering waste materials, minimizing ground contact with hazardous chemicals and
trash;
(8) Timely maintenance of vegetation, erosion and sediment control measures, and other
best management practices to maintain each in good and effective operating condition; and
(9) 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) stoma water detention structures (including wet ponds);
(ii) storn water retention structures;
(iii) flow attenuation by use of open vegetative swales and natural depressions;
' (iv) other velocity dissipation devices;
(v) infiltration of mnoff on site, and;
(vi) sequential systems which combine several practices.
Ordinance No. 2925-7-10, Page 16
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.
(d) Qualified personnel (provided by the Operator of the construction site) as described in
TPDES General Permit No. TXRI50000, 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 calendar
days and within twenty four (24) hours of the end of a storm that is one half (0.5) inches or greater.
(e) 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
inspections, best management practices shall be modified as appropriate, and as soon as is practicable.
(t) 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 Plan and/or Storm
Water Pollution Prevention Plan (SWPPP).
(g) 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, on the grounds that the
management practices described in the Erosion Control Plans, Storm Water Pollution Prevention Plan
(S WPPP), 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.
(h) 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.
(i) 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 for any willful or
negligent failure on such person's part to adequately implement that control measure.
() 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 requested, the new
management plan must be submitted as soon as possible, but in no case later than seven (7) calendar
days following the request.
(k) 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
of Allen "Approved for Construction."
See. 6-182. One Acre or Greater Disturbances.
All Operators of sites of construction activity, including demolition, clearing, grading, excavation,
and landfilling activities, that result in the disturbance of one or more acres of total land area, or are part of a
common plan of development or sale within which one or more acres of total land area are disturbed, shall
comply with the following additional requirements:
Ordinance No. 2925-7-10, Page 17
(a) Any 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.
(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, 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 Ordinance. The
SWPPP shall contain the time, 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:
Ordinance No. 29257-10, Page 18
"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 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 Stone 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.
0) 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 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 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
Ordinance No. 2925-7-10, Page 19
exit the site, at least once every fourteen calendar days and within twenty-four hours of the end of the
storm that is one half (1/2) 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 (q) 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 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
(NOT), for a period of at least three 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 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 may be
required in a form reasonably acceptable to the Director prior to the allowances of discharges to the
MS4.
' (b) A copy of any NOT 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
Ordinance No. 2925-7-10, Page 20
City of Allen
305 Century Parkway
' Allen, Texas 75013-8042
Sec. 6-184. to Sec. 6-185. (Reserved)
DIVISION 3. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIMY
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.
Sec. 6-187. to 6-190. (Reserved)
DIVISION 4. POST -CONSTRUCTION RUNOFF CONTROL
Sec. 6-191. Findings of Fact.
(a) It is hereby determined that:
(i) Land development projects and associated increases in impervious cover alter the
hydrologic response of local watersheds and increase storm water runoff rates and volumes,
flooding, stream channel erosion, and sediment transport and deposition.
' (ii) Storm water runoff contributes to increased quantities of water -borne pollutants.
(iii) 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
controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds
within the City. This Division seeks to meet that purpose through the following objectives:
(a) To minimize increases in storm water runoff from any development or redevelopment in
order to reduce flooding, siltation and streambank erosion and maintain the integrity of stream
' channels;
(b) 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. 2925-7-10, Page 21
(c) 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;
(d) To employ permanent non-structuml and structural Best Management Practices (BMPs) to
protect water quality thereby raising public awareness to storm water quality related issues;
(e) To remove and/or treat stone water pollutants prior to discharge to ground and surface waters
throughout the city;
(f) To ensure the long-term operation and maintenance of all permanent storm water quality
features; and
(g) 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 am
required for land disturbance activities without first satisfying the requirements of this Division prior to
commencement of the proposed activity.
See. 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 shall be designed so that the specific storm frequency storage
volumes (e.g., water quality, channel protection, 10 year, 100 year) as identified in the current Drainage
Design Manual are met, unless the Director grants a waiver or the Owner is exempt from such requirements.
If hydrologic or topographic conditions warrant greater control than that provided by the minimum control
Ordinance No. 2925-7-10, Page 22
requirements, the Director may impose any additional requirements deemed necessary to control the volume,
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:
(a) topography;
(b) total maximum drainage area;
(c) depth to water table;
(d) soils;
(e) slopes; and
(f) 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:
(a) use of Structural and Non -Structural Best Management Practices (BMPs) and controls;
(b) maximizing of path flow distance from inflow points to outflow points;
(c) protection of inlet and outfall structures; and
(d) 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. This agreement will include any and all
maintenance easements required to access and inspect the stone 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 Stone Water Practices:
' (a) swales and channels;
(b) culverts, inlets and pipes;
Ordinance No. 2925-7-10, Page 23
(c) detention;
' (d) energy dissipaters;
(e) infiltration trenches;
(f) storm water ponds;
(g) porous surfaces; and
(h) 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 stone 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 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 ten (10) calendar days from
substantial completion of such clearing and construction. The following criteria shall apply to
revegetation efforts:
(i) Reseeding must be done with a perennial, non -winter season cover crop accompanied
by placement of matting or its equivalent of sufficient coverage to control erosion until such
time as the cover crop is established over ninety percent (90%) of the seeded area.
(ii) 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.
(iii) Any area of revegetation must exhibit survival of a minimum of seventy percent
(70%) of the cover crop throughout the year immediately following revegetation.
Revegetation must be repeated in successive years until the minimum seventy percent (70%)
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
Ordinance No. 2925-7-10, Page 24
(i) 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 stone water drainage system and/or water
quality device.
(ii) Once a homeowners' association (HOA) is organized and becomes active for a
residential area served by a storm water drainage system and/or water quality device, the
homeowners' association shall be responsible for the maintenance and repair of the storm
water drainage system and/or water quality device. In the event there is no active
homeowners' association or the homeowners' association 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.
(iii) Maintenance of a stone drainage system and/or water quality device shall include
such items, but not be limited to:
(A) mowing of tall weeds and grass;
(B) regular and routine removal of floatables and debris;
(C) dredging of silt and removal off-site;
(D) correcting failures of inlet or outlet control structures;
' (E) implementation of erosion mitigation measures;
(F) repair and maintenance of aeration equipment; and
(G) maintaining optimal operation of underground and above ground detention.
(b) Disclosure of HOA Information to the MS4
(i) Upon the organization and formation of a homeowners' association, 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:
(A) name of subdivision and homeowners' association;
(B) name, address, telephone number and email address of any management
company involved with activities related to the HOA (if applicable);
(C) name, address, telephone number and email address of a direct contact
person representing or authorized to act on behalf of the HOA;
(D) date of formation of the HOA;
(E) current listing of storm water drainage structures and/or water quality devices
' over which the homeowner's association has control; and
(F) 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.
Ordinance No. 2925-7-10, Page 25
(ii) Any changes to the contact information regarding the HOA must be reported
immediately to the City Planning Department.
(iii) 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
(i) The City has the authority to conduct storm water inspections to require
implementation of Best Management Practices where appropriate.
(ii) The selection, application and maintenance of BMPs must be sufficient to prevent or
reduce the likelihood of pollutants entering the receiving storm drainage system.
(iii) 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 that a storm water management facility, stone 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 City shall notify the responsible party in writing for
maintenance of the stonn water management facility. The responsible person shall have thirty (30)
' days after receipt of notice to effect maintenance and repair of the facility in an approved manner.
(b) If a responsible party fails or refuses to meet 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.
Sec. 6-206. to 6-210. (Reserved)
DIVISION S. 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 municipal separate storm sewer system 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) Inspection programs may be established on any reasonable basis, including but not limited to:
(i) routine inspections;
(ii) random inspections;
' (iii) inspections based upon complaints received by the City;
(iv) inspections based on other notices of possible violations;
Ordinance No. 2925-7-10, Page 26
(v) inspection of drainage basins or areas identified as higher than typical sources of
sediment or other contaminants or pollutants;
'
(vi) inspections of businesses or industries of a type associated with higher than usual
discharges of contaminants or pollutants;
(vii) inspections of discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards or the NPDES and
TPDES storm water permits; and
(viii) joint inspections with other agencies inspecting under environmental or safety laws.
(c) Inspections may include, but are not limited to:
(i) reviewing maintenance and repair records;
(ii) sampling discharges, surface water, groundwater, and material or water in drainage
control facilities; and
(iii) evaluating the condition of drainage control facilities and other storm water treatment
practices.
(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 promises, 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.
Q) 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) Unreasonable delays in allowing the Director access to the discharger's premises shall be a
violation of this Article.
Ordinance No. 29257-10, Page 27
Sec. 6-212. Inspection or Search Warrants.
' If the Director has been refused access to any part of the premises from which storm water is
discharged, and such person has probable cause to believe that there is a violation of this Article or any state
or federal discharge permit, 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 watch warrant from any court of competentjurisdiction.
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 non -hazardous materials, said person shall notify the Director in person or by phone or
facsimile no later than the next business day. 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.
Sec. 6-214. to 6-215. (Reserved)
' 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.
Sec. 6-217. to 6-218. (Reserved)
DIVISION 7.
Sec. 6-219. Enforcement Authority.
(a) 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.
Ordinance No. 2925-7-10, Page 28
(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.
See. 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 may serve upon that
person a 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 notice of violation shall contain:
(i) the name and address of the alleged violator,
(ii) the address (when available) or a description of the building, structure or land at
which the violation is occurring, or has occurred;
(iii) a statement specifying the nature of the violation;
(iv) a description of the remedial measures necessary to bring the development activity
into compliance with this Article and a time schedule for the completion of such remedial
action;
(v) a statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed;
(vi) a statement that the determination of violation may be appealed by filing a written
notice of appeal within seven (7) days of service of notice of violation; and
(vii) a statement specifying that, should the violator fail to restore compliance within the
established time schedule, the work will be done by a designated governmental agency or a
contractor and the expense thereof shall be charged to the violator.
(c) 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.
(d) 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.
(e) Nothing in this subsection shall limit the authority of the Director to take any action,
including emergency actions or any other enforcement action upon issuance of a Notice of Violation
or Compliance Order.
' See. 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
Ordinance No. 2925-7-10, Page 29
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:
(i) Monitoring assessment, and evaluation of the adverse effects and determination of
the appropriate remedial, abatement, and/or restoration action;
(ii) Confinement, removal, cleanup, treatment, and disposal of any discharged or released
pollution or contamination;
(iii) Prevention, minimization, and/or mitigation of any damage to the public health,
welfare, or the environment that may result from the violation, and/or;
(iv) 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.
' See. 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
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:
(i) immediately comply with all requirements of this Article; and
(ii) take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations and/or
terminating the discharge.
(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.
Ordinance No. 2925-7-10, Page 30
(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 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.
See. 6-225. Appeal.
' Any person may appeal the decision of the Director to the City Manager. The decision of the City
Manger is final.
Sec. 6-226. Judicial Enforcement.
(a) Injunctive Relief
(i) 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.
(ii) 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.
(iii) Action for injunctive relief shall not be a bar against, or prerequisite for, taking any
other action against a violator.
(b) Civil Remedies
(i) 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 $2,000 per violation, per day.
(ii) 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,
Ordinance No. 2925-7-10. Page 31
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 w
' civil penalties, in any court of competentjurisdiction.
(iii) 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.
(iv) 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
(i) 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 $2,000 per violation. Each day a violation continues to exist shall be considered a
separate offense.
(ii) 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
$2,000 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.
' (iii) 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 $2,000 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
(i) 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.
' (ii) The City may take any, all, or any combination of these actions against a violator.
(iii) The City is empowered to take more than one enforcement action against any
violator.
Ordinance No. 2925-7-10, Page 32
(iv) These actions may be taken concurrently.
' Sec. 6-227. Supplemental Enforcement Actions.
(a) Performance and Maintenance Bonds
(i) 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.
(ii) 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.
(c) Water Supply Severance
(i) Whenever a person has violated or continues to violate any provision of this Article,
or any order issued hereunder, the City may terminate or suspend water, sewer, or other
municipal services to the violator and/or the site of such violation.
(ii) Service will be resumed at the violator's expense after such person has satisfactorily
demonstrated to the Director the ability to comply with this Article.
Sec. 6-225. to 6-230. (Reserved)
DIVISIONS. 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 w 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:
(i) Fees for monitoring, inspection, and surveillance procedures including the cost of
collecting and analyzing discharges and reviewing monitoring reports submitted by
dischargers;
I(ii) Fees for spill and release reports and responding and remediating spills and releases
of oil, hazardous and extremely hazardous substances, and other pollutants, and;
Ordinance No. 29257-10, Page 33
(iii) 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.
Sec. 6-232. Effective Date.
This Article shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law."
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 13ra DAY OF JULY, 2010.
APPROVED:
4�4a-
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
C?k ✓d v,A
Peter G. Smith, CITY ATTORNEY
(43720)
Shelley B. GcorgbrCIUY SECREYARY
Ordinance No. 2925-7-10, Page 34