Ord 41-2010 8/3/2010 ORDINANCE NO. 41-2010
Ordinance Of The City Council Of The City Of Wichita Falls, Texas,
Amending Chapter 106 Of The Wichita Falls Code Of Ordinances To
Establish Article XII, Which Will Provide Regulations To Protect The
City's Stormwater Drainage System And Provide A Penalty Of Up To
$2,000 Upon Violation
WHEREAS, the City Council finds the purpose of this ordinance is to provide for
the health, safety, and general welfare of the citizens of the City of Wichita Falls
through the regulation of discharges to the storm drainage system to the extent required
by federal and state law to comply with requirements of the National Pollutant
Discharge Elimination System (NPDES) and Texas Pollutant Discharge Elimination
System (TPDES) permit process establish methods for controlling the introduction of
pollutants into the City's MS4 storm sewer system;
WHEREAS, the objectives of this ordinance are:
(1) to regulate the contribution of pollutants to the municipal separate storm
sewer system by storm water discharges by any user,
(2) to prohibit illicit connections and discharges to the municipal separate
storm sewer system,
(3) to establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this
ordinance, and
(4) to regulate dangerous conditions that may produce disease;
WHEREAS, this regulation is promulgated pursuant to TExas HEa�TH & SaFETY
Co�E §342.001(a), which provides "The governing body of a municipality may require
the filling, draining, and regulating of any place in the municipality that is unwholesome,
contains stagnant water, or is in any other condition that may produce disease" and
Othef pfOVISIOCIS Of TEXAS HEALTH 8c SAFETY CODE §§342.00� tI1COUgfI 342.007 and
WHEREAS, the standards set forth herein and promulgated pursuant to this
ordinance are minimum standards; therefore, this ordinance does not intend nor imply
that compliance by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
Chapter 106 of the Wichita Falls Code of Ordinances is amended to add Article
XII, which will read as follows:
ARTICLE XIL STORMWATER QUALITY.
106-1050. Definitions:
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Ciry means the City of Wichita Falls, Texas.
Construction Activiry. Activities subject to TPDES Construction Permits. These include construction projects
resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition.
Department means the Department of Public Works of the City of Wichita Falls, Texas or an authorized
representative thereof.
Director means the Director of the Department.
EPA means U.S. Environmental Protection Agency.
Hazardous Materials 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.
lllega! Discharge means any direct or indirect non-storm water discharge to the storm drainage system, except as
exempted in this ordinance.
Industrial Activiry means activities subject to TPDES Industrial Permits as defined in 40 CFR § 122.26 (b)(14).
Municipal Separate Storm Sewer System or MS4 means a conveyance or system of conveyances (including roads
with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains)
that are:
(a) owned or operated by the federal government, state, municipality, township, county, district, or other
public body (created by or pursuant to state or federal law) including special district under state law such as
a sewer district, flood control district or drainage districts, or similar entity, or a designated and approved
management agency under section 208 of the act that dischages into surface waters of the state; and
(b) designed or used for collecting or conveying solely storm water,
(c) not a combined sewer, and
(d) not a part of a publicly owned treatment works.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued
by EPA (or by a 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.
Non-Storm Water Discharge means any discharge to the storm drainage system that is not composed entirely of
storm water.
Notice of /ntent or NOI means the Notice of Intent that is required by the NPDES Storm Water Multi-Sector General
Permit, the EPA Region 6 NPDES Storm Water Construction general permit, or any similar general permit to
discharge storm water associated with industrial activity that is issued by the EPA or the TCEQ.
Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by
law and acting as either the owner or as the owner's agent.
Pollu[ant. The following substances:
(a) used motor oil, antifreeze, or any other motor vehicle fluid;
(b) industrial waste;
(c) hazardous waste, including hazardous household waste;
(d) domestic sewage or septic tank waste, grease trap waste, or grit trap waste;
(e) solid waste, including yard wastes, refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations;
( fl wastewater from:
i. a commercial carwash facility;
ii. any vehicle washing, cleaning, or maintenance at any rental agency, body shop, repair
shop, or maintenance facility; or
iii. any washing, cleaning, or maintenance of any business or commercial or public service
vehicle, including a truck, bus, or heavy equipment, by a business or public entity that
operates more than two such vehicles;
(g) wastewater from the washing, cleaning, d�icing, or other maintenance of aircraft;
(h) wastewater from commercial floor, rug, or carpet cleaning;
(i) wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other
release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all harmful
quantities of such released material have been previously removed;
(j) effluent from an emissions scrubber, emissions filter, or the blowdown from a boiler;
(k) ready-mixed concrete, mortar, ceramic, or asphalt base material or hydromulch material, or material
from the cleaning of commercial vehicles or equipment containing, or used in transporting or applying,
such material;
(1) filter backwash from a public swimming pool;
(m) public swimming pool water containing total residual chlorine of one mg/I or more or containing any
harmful quantity of muriatic acid or other chemical used in the treatment or disinfection of the
swimming pool water or in pool cleaning;
(n) paints, varnishes, and solvents;
(o) oil and other automotive fluids;
(p) pesticides, herbicides, and fertilizers, except as runoff from land to which the same was applied in
conformity with manufacture�recommended concentrations;
(q) wastes and residues that result from constructing a building or structure;
(r) noxious or offensive matter of any kind; and
(s) any substance or material that will damage, block, or dog the MS4.
Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved.
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, rivers, 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 Pollution Prevention Plan means a document which describes the Best Management Practices and
activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to Storm water, Storm water Conveyance Systems, and/or
Receiving Waters to the Maximum Extent Practicable.
Texas Pollutant Discharge Elimination System or TPDES means the program delegated to the State of Texas by the
EPA pursuant to 33 USC § 1342(b).
TCEQ means the Texas Commission on Environmental Quality or its successor �ency.
TPDES means the Texas Pollutant Discharge Elimination System.
Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a facility.
106-1051. Prohibitions of Illegal Discharges and Illicit Connections:
(a) It shall be unlawful to discharge or cause to be discharged into the storm drainage system any pollutant or waters
containing any pollutant.
(b) It shall be unlawful to continue any discharge water suspected of containing a pollutant into the storm drainage
system after notification by the City's Department of Public Works that the wastewater has been reasonably
determined by such department to contain a pollutant.
(c) It shall be unlawful to introduce or cause to be introduced into the storm drainage system any discharge that
causes or contributes to causing the City to violate a water Guality standard, the City's TPDES permit, or any state-
issued discharge permit for discharges from the City's MS4.
(d) It shall be unlawful to introduce or cause to be introduced into the storm drainage system any harmful quantity of
sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction
activities in excess of what could be reasonably retained on site or captured by employing sediment and erosion
control measures in accordance with a person's required NPDES permit, TPDES permit, ar applicable state or
federal requirement.
(e) It shall be unlawful to discharge used motor oil into the storm drainage system, a septic tank, surface water,
groundwater, or water course;
(� It shall be unlawful to mix or commingle used motor oil with solid waste and:
(1) leave said solid waste in a facility that is intended for City waste pickup, or
(2) dispose of said solid waste in the City landfill.
(g) It shall be unlawful to apply used motor oil to a road or land for dust suppression, weed abatement, or other
similar use that introduces used motor oil into the environment.
(h) It shall be unlawful to construct, use, ormaintain any of the following connections to the storm drainage system:
(1) any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter
the storm drainage system including but not limited to any conveyances which allow any non-storm water
discharge including sewage, process wastewater, and wash water to enter the storm drainage system and any
connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted, or approved by any government agency, or
(2) any drain or conveyance connected from a commercial or industrial land use to the storm drainage
system which has not been documented in plans, maps, or equivalent records submitted to and approved by
the City.
106-1052. Permitted Discharges into Storm Drainage System.
It shall be an exception to prosecution pursuant to this article that a discharge into the storm drainage system was one
or more of the following:
(1) water line flushing (excluding discharges of hyperchlorinated water, unless the water is first
dechlorinated and discharges are not expected to adversely affect aquatic life),
(2) runoff or return flow from landscape irrigation, lawn irrigation, and other irrigationutilizing potable
water, groundwater or surface water sources
(3) discharges from potable water sources,
(4) diverted stream flows,
(5) rising ground waters or springs,
(6) uncontaminated ground water infiltration,
(7) uncontaminated pumped ground water,
(8) foundation and footing drains,
(9) air conditioning condensation,
(10) water from crawl space pumps,
(11) individual residential vehicle washing,
(12) flows from wetlands and riparian habitats,
(13) swimming pool discharges from pools that are not open for public use,
(14) street wash water,
(15) discharges or flows from fire fighting activities,
(16) wash water from the cleaning of new or used vehicles awaiting sale;
(17) other allowable non-storm water discharges listed in 40 CFR § 12226(d)(2)(iv)(B)(I),
(18) non-storm water discharges that are specifically listed in the TPDES Multi-Sector General Permit or
the TPDES Construction General Permit, and
(19) other similar occasional incidental non-storm water discharges, unless the TCEQ develops permits or
regulations addressing those discharges.
106-1053. Suspension of Access to the Storm Drainage System
(a) The Department may, without prior notice, suspend, block or terminate a discharge or threatened discharge into
the storm drainage system when such suspension, blockage or termination is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger to the health or welfare of any person.
Upon such termination, the Department shall, to the extent feasible, place notice of such suspension, termination or
blockage on the affected property.
(b) The Department may, with prior notice placed on the property of the alleged violator and opportunity for hearing,
suspend, block or terminate a discharge or threatened discharge into the storm drainage system when such
suspension, blockage, or termination is necessary or appropriate to stop or reduce a substantial danger of a discharge
that would violate this ordinance or cause the City to potentially violate its NPDES or TPDES permit.
(c) If the City takes action to terminate access to the City's storm drainage system, any affected property owner may
file a written request with the Department for reconsideration and hearing related to the termination.
(d) If the City terminates access to the stonn drainage system, then, in the absence of authorization from the
Department, it shall be unlawful to reconnect access of a terminated property to the storm drainage system or allow
the continuation of such reconnected access.
106-1054. lndustrial or Construction Activity Discharges
(a) A person who is the operator of a industrial facility or construction activity of one acre or larger commits an
offense if the person discharges, or causes to be discharged water into the storm drainage system without first having
obtained a NPDES or TPDES permit to do so unless said person is exempt from the requirements of an NPDES or
TPDES permit.
(b) Any person subject to an industrial or construction activity NPDES or TPDES storm water discharge permit shall
comply with all provisions of such permit. The Department may suspend, block or terminate access to the storm
drainage system unless a property owner submits a copy of all documentation determined by the Department to be
necessary to prove that an operator of an industrial or construction activity is complying with the terms of the
aforementioned permit.
(c) An operator of a facility who is required to have a NPDES or TPDES permit to discharge storm water associated
with industrial activity shall submit a copy of the Notice of Intent (NOI) to the Department at the same time the
operator submits the original Notice of Intent to TCEQ. It shall be unlawful to operate a facility that is discharging
storm water associated with industrial activity without having submitted a copy of the Notice of Intent to do so to the
Department.
(d) An operator of a facility who is required to have a NPDES or TPDES permit shall maintain a copy of its storm
water pollution prevention plan on-site or sign indicating where the plan may be obtained. An operator must be able
to present it to a representative of the Department upon request at any time during regular office hours of the
operator.
106-1055. Monitoring of Discharges
(a) This section applies only to all facilities that have storm water discharges associated with:
(1) industrial activity or
(2) construction activity exceeding one acre in size.
(b) Representatives of the Department shall be permitted to enter and inspect facilities subject to regulation under
this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security
measures in force which require proper identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to represen�tives of the Department.
(c) Facility operators shall allow the Department ready access to all parts of the premises for the purposes of
inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES or
TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal
law.
(d) The Department shall have the right to set up on any permitted facility such devices as are necessary in the
opinion of the Department to conduct monitoring and/or sampling of the facility's storm water discharge.
(e) The Department may require the discharger to install monitoring equipment as it deems to be necessary to ensure
the facility complies with its NPDES and/or TPDES permit. The facility's 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 a�uracy.
(fl Any temporary or permanent obstruction to safe and easy access to the faciliry to be inspected and/or sampled
shall be promptly removed by the operator at the written or oral request of the Department and shall not be replaced.
The costs of clearing such access shall be borne by the operator of the facility.
(g) Unreasonable delays in allowing the Department access to a permitted facility is a violation of a storm water
discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES or TPDES permit to
discharge storm water associated with industrial activity commits an offense if the person denies the Department
reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this
ordinance.
(h) If the Department has been refused access to any part of the premises from which storm water is discharged, and
the Department is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or
that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify
compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and
welfare of citizens, then the Department may seek issuance of a search warrant from any court of competent
jurisdiction.
(i) Notwithstanding other requirements of law, as soon as any owner or operator of a facility or construction site has
information of any known or suspected release of materials which result in illegal discharges or pollutants
discharging into the storm drainage system, then said person shall take all necessary steps to ensure the containment,
and cleanup of such release. In the event of such a release of hazardous materials said person shall notify emergency
response agencies and the Department of the occurrence within 24 hours after said person's discovery thereof. The
owner or operator of the facility or construction site shall also retain an on-site written record of the discharge and
the actions taken to prevent its recurrence for at least three years following the release event.
106-1056. Administrative Enforcement.
(a) In addition to other available remedies, if the Department finds that a person has violated a prohibition or failed
to meet a requirement of this ordinance, the Department may order compliance by written Notice of Violation to the
responsible person. Such notice may require without limitation:
(1) the performance of monitoring, analyses, and reporting,
(2) the elimination of illicit connections or discharges,
(3) that violating discharges, practices, or operations shall cease and desist,
(4) the abatement or remediation of storm water pollution, contamination hazards, and other dolations of
this article,
(5) the restoration of any affected property, and
(6) payment of the cost of restoring damaged parts of the City's storm drainage system.
(b) Any person receiving a Notice of Violation may file a written appeal of such determination to the Director of the
Department. The notice of appeal must be received by the Director within l0 calendar days from the date of the
Notice of Violation. After receiving such written notice of appeal, the Director shall give the recipient of the Notice
of Violation an opportunity for a hearing on the violations.
(c) If the violation has not been corrected within 7 days after the Notice of Violation or, in the event of a valid
appeal, within 7 days of the decision of the Director upholding the decision of the Department, then representatives
of the Department may enter upon the subject private property and are authorized to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the government agency or designated contractor to enter
upon the premises for the purposes set forth above.
106-1057. Nuisance, Abatement, and Lien.
(a) Failure of a property owner or facility operator to comply with a Notice of Violation issued pursuant to this
article is deemed to be furtherance o£
(1) an unwholesome situation,
(2) a condition that may produce disease,
(3) the presence of impure or unwholesome matter,
(4) objectionable, unsightly, and unsanitary matter, and
(5) a public nuisance.
(b) [f the owner of property in the municipality does not comply with a municipal ordinance or requirement under
this chapter within seven days of notice of a violation, the Department may:
(1) do the work or make the improvements required; and
(2) pay for the work done or improvements made and charge the expenses to the owner of the property.
(c) In performing or contracting for the aforementioned work or improvements, the Department must comply with
the procedures established in Texas Health & Safety Code § 342.006, as amended. After following such procedures,
the Department may assess the expenses of such work against the real estate on which the work is done or
improvements are made in accordance with Texas Health & Safety Code § 342.007, as amended.
106-1058. Penalty and Injunction.
(a) Violation of a provision of this Article is declared to be a violation of an ordinance involving health and safety.
Accordingly, it shall be punishable by a fine in an amount not to exceed $2,000 per violation and as provided by
Section 1-14 of this Code.
(b). If a person has violated or continues to violate the provisions of this ordinance, the Ciry Attorney may petition
for a preliminary or permanent injunction restraining the person from activities which would create further violations
of this article ar compelling the person to perform abatement or remediation of the violation.
PASSED AND APPROVED this the 3� day of August, 2010.
AYOR
ATTEST:
ity Clerk