Ordinance 2010-09 «� ORDINANCE NO. 2010-09
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADDING ARTICLE
VI, "PROHIBITION OF ILLICIT CONNECTIONS AND DISCHARGES
INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM" TO
CHAPTER 42 "ENVIRONMENT" OF THE CITY OF WYLIE CODE OF
ORDINANCES; TO PROVIDE FOR THE REGULATION OF ILLICIT
DISCHARGES TO THE MUNICIPAL SEPARATE STORM SEWER
SYSTEM WITHIN THE CITY OF WYLIE; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Wylie, Texas ("City" or "Wylie") is a home rule city acting under its
power adopted by the electarate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) Rules and Regulations
for Municipal Separate Storm Sewer Systems (MS4) state that a municipality must develop and
implement a program to detect and eliminate illicit connections and discharges to the MS4; and
� WHEREAS, illicit connections and discharges can lead to degradation of the water quality of
the waterways; and
WHEREAS, the City Council of the City ("City Council") has investigated and determined it is
necessary and in the best interest of the City to adopt regulations in order to safeguard citizens,
protect property, prevent damage to the environment in the City, and promote public health,
safety and general welfare by elimination of illicit connections and discharges to the MS4.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2 Amendment to Chapter 42 (Environment) bv adding Article VI (Re�ulation
of Illicit Discharge) to Wvlie's Code of Ordinances. Article VI (Regulation of Illicit
Discharge) is hereby added to Chapter 42 (Environment) to read as follows:
"ARTICLE VI. PROHIBITION OF ILLICIT CONNECTIONS AND DISCHARGES
INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM.
� Sec. 42-100. Purpose. The purpose of this ordinance is to provide for the health, safety, and
general welfare of the citizens of Wylie through the regulation of non-storm water discharges to
the MS4 to the maximum extent practicable as required by federal and state law. This ordinance
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establishes methods for controlling the introduction of pollutants into the municipal separate �
storm sewer system (MS4) in order to comply with requirements of the National Pollutant
Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are:
1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by
any user.
2. To prohibit Illicit Connection and Discharges to the MS4.
3. To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this ordinance.
Sec. 42-101. Applicability. This ordinance shall apply to all water entering the MS4 generated
on any developed and undeveloped lands unless explicitly exempted by the Director.
Sec. 42-102. Definitions and Abbreviations. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this Article, shall have the meanings hereinafter
designated.
Best Management Practice (BMP) or Control Measure means the schedule of activity,
prohibition, maintenance procedures, structural controls, and other management practices
meant to prevent or reduce the discharge of Pollutants directly or indirectly to
stormwater, receiving waters, or stormwater conveyance systems. BMPs or control
measures also include treatment requirements, operating procedures, and practices to
control Site runoff, spills or leaks, sludge or waste disposal, or drainage from raw ,_,.,,
material storage areas.
Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
as amended.
Construction Site means any clearing, grading, and excavating that results in land
disturbance. A Construction Site also includes, but is not limited to any stockpiling or
other activity that results in exposed soils. This includes, but is not limited to, the
construction of pools and the construction and maintenance of franchise utilities such as
telephone, gas, electric, etc. This excludes the disturbance of soils for emergency
activities that are immediately necessaxy for the protection of life, property, or natural
resources.
Contaminated means containing a harmful quantity of any substance.
Contamination means the presence of or entry into the public water supply system, the MS4,
waters in the state, or waters of the United States of any substance which may be
deleterious to the public health and/or the quality of the water.
Director means the Director of Public Services or his/her authorized representative. It shall
be the duty and responsibility of the Director of Public Services or his/her authorized �
representative to administer, implement and enforce the provisions of this ordinance.
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�-- Facility means any building, structure, installation, process, or activity from which there is or
may be a discharge of a pollutant.
Hazardous Materials means any material, including any substance, waste, ar 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, to include, but not limited to any
substance listed in Table 302.4 of 40 CFR Part 302.
Household Hazardous Waste means any substance generated in a household (including
single and multiple residences, hotels and motels, bunk houses, ranger stations, crew
quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer
which, except for the exclusion provided in 40 Code of Federal Regulations (CFR)
§261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. The term
has the same meaning as "hazardous household waste." This includes, but is not limited
to, products, such as paints, cleaners, oils, batteries, and pesticides that contain potentially
hazardous ingredients that require special care when disposed of by a person.
Illegal Discharge means any direct physical connection or indirect runoff of non-storm water
discharge to the MS4, except as exempted in Section 42-103, paragraph 2) of this Article.
�� Illicit Connection means either of the following:
1) Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the MS4 including, but not limited to any conveyances
which allow any non-storm water discharge including sewage, process wastewater,
and wash water to enter the MS4 and any connections to the MS4 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
MS4 which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
Multi-Sector General Permit (MSGP) means the Texas Multi-Sector General Permit,
TXRO50000, its successor, or any other state regulation to control runoff from industrial
Sites issued by the Texas Commission on Environmental Quality (TCEQ) or the state
regulatory authority.
Municipal Separate Storm Sewer System (MS4) means the separate storm sewer system
owned and operated by the City of Wylie. The MS4 includes, but is not limited to, all
drainage ways, storm water conveyances, catch basins, curbs, gutters, man-made
� channels, or storm drains, bar ditches, swales, and streets owned and operated by the City
of Wylie or any private drainage way that drains to or contributes flow to the public
drainage system and conveys storm water discharges to the surface water of the state.
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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 MS4 that is not composed entirely
of storm water.
Operator means the person or persons who, either individually or taken together, meet either
of the following two criteria: (1) has operational control over the facility specifications
(including the ability to make or direct modifications in specifications); or (2) has day-to-
day operational control over those activities at the facility necessary to ensure compliance
with pollution prevention requirements and any permit conditions.
Owner means the person who owns a facility or part of a facility.
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint-stock company, trust, estate, governmental entity, or any other legal
entity; or their legal representatives, agents or assigns. This definition includes all
federal, state, and local governmental entities.
Pollutant means anything which causes ar contributes to pollution. Pollutants may include, ..W.,..
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids;
dredged spoil; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish,
garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations,
so that same may cause or contribute to pollution; incinerator residue; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; munitions;
chemical waste; biological materials; radioactive materials; heat, wrecked or discarded
equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste;
sewage, fecal coliform and pathogens; sewage sludge; 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. The term "pollutant" does not include tail
water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated
range land, pasture land, and farm land.
Premises means any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Secondary Containment means a structure designed to capture spills or leaks, as from a
container or tank, and has the capacity to hold 110% (one hundred ten) percent of the
original container.
Site means a parcel of land or a contiguous combination thereof, where activities are �
performed as a single unified operation.
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�- 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 (SWPPP) 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 the MS4, and/or receiving waters to the maximum extent
practicable.
Texas Surface Water Quality Standards means the standards set forth in Title 30, Chapter
307 of the Texas Administrative Code.
Texas Pollutant Discharge Elimination System (TPDES), means the permit program that
controls water pollution by regulating point sources that discharge pollutants into waters
in the State, delegated to the State of Texas by the EPA pursuant to 33 USC § 1342(b).
Water in the State means groundwater, percolating or otherwise, lakes, bays, ponds,
impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Gulf of Mexico inside the territorial limits of the state, and all other bodies of surface
water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and
including the beds and banks of all watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or inside the jurisdiction of the state.
42-103. Affirmative Defenses.
1) A person commits an offense if the person introduces or causes to be introduced into the
MS4 any discharge that is not composed entirely of storm water.
2) It is an affirmative defense if the person introduces or causes to be introduced into the MS4
any of the following discharges that is not composed entirely of storm water:
a. water line flushing (excluding discharges of hyper-chlorinated water, unless the water
is first dechlorinated and discharges are not expected to adversely affect aquatic life);
b. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation
utilizing potable water, groundwater or surface water sources;
c. discharges from potable water sources;
d. diverted stream flows;
e. rising ground waters and springs;
f. uncontaminated ground water infiltration;
g. uncontaminated pumped ground water;
„�,,, h. foundation and footing drains;
i. air conditioner condensation;
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j. water from crawl space pumps; �
k. individual residential vehicle washing;
1. flows from wetlands and riparian habitats;
m. dechlorinated swimming pool discharges;
n. street wash water;
o. discharges or flows from fire fighting activities (fire fighting activities do not include
washing of trucks, runoff water from training activities, test water from fire
suppression systems, and similar activities);
p. other allowable non-storm water discharges listed in 40 CFR §
122.26(d)(2)(iv)(B)(1);
q. non-storm water discharges that are specifically listed in the TPDES Multi Sector
General Permit (MSGP) and the TPDES Construction General Permit (CGP); and,
r. other similar occasional incidental non-storm water discharges unless the TCEQ
develops permits or regulations addressing these discharges.
Sec. 42-104. Discharge Prohibitions.
1) No person shall discharge or cause to be discharged into the MS4 or watercourses any
materials, including but not limited to pollutants or waters containing any pollutants that �
cause or contribute to a violation of applicable water quality standards, the City's NPDES
permit, or any state-issued discharge permit for discharges from its MS4, other than storm
water.
42-105. Prohibited Activities Adversely Affecting Water Quality.
1) The specific prohibitions and requirements in this section are not inclusive of all the
discharges ar activities prohibited. It is unlawful for any person to:
a. operate a facility that is subject to storm water discharge permitting without prior
approval from the Texas Commission on Environmental Quality or other approving
agency.
b. 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 or other
construction activities, or associated with landfilling or other placement 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
under prevailing circumstances.
c. connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow �
such a connection to continue.
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�- d. install or maintain grease or sand traps that discharge to the MS4 without prior approval
from the City;
e. permit polluted materials, hazardous materials, liquid waste, semi-liquid waste, or
chemical waste or like material that would adversely affect water quality to:
i. discharge to the ground, or
ii. discharge to or create a potential to discharge to the MS4 through any of the
following activities:
A. discharge of wash water containing the material,
B. dump, drain or introduce the material to the MS4,
C. store the material in such a manner that the material is exposed to the elements or
runoff, or
D. dispose of the material in any area that may drain to the MS4 or dispose or store
the material at any site other than one approved for that purpose;
f. permit cooling tower, compressor, or boiler blow-down that is not clean or
uncontaminated to flow to the MS4;
g. permit wash water from any surface containing or having a substance on it that is a
pollutant to discharge to the MS4;
h. permit unused materials from ready-mix concrete mortar, and asphalt base delivery trucks
to be dumped to any area that may drain to the MS4;
i. purposefully dump, blow into, sweep into or otherwise dispose of excessive grass
clippings, leaves, brush, yard waste or any rubbish or debris to the curb, gutter, storm
drain, or watercourse; or
j. permit sewage wastes to flow to any area other than a sanitary sewer or approved septic
tank.
k. dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise
introduce or cause, allow, or permit to be introduced any of the following substances into
the MS4:
i. Any used motor oil, antifreeze, or any other motor vehicle fluid;
ii. Any industrial waste;
�. iii. Any hazardous waste, including hazardous household waste;
iv. Any grit trap waste;
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v. Any garbage, rubbish, or yard waste; _,,,.,
vi. Any wastewater from the washing, cleaning, de-icing, or other maintenance of
aircraft;
vii. Any wastewater from a commercial mobile power washer or from the washing or
other cleaning of a building exterior that contains any soap, detergent, degreaser,
solvent, or any other harmful cleaning substance;
viii. Any wastewater from floor, rug, or carpet cleaning;
ix. Any wastewater from the washdown or other cleaning of pavement that contains any
harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any
other harmful cleaning substance; or any 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;
x. Any effluent from a condenser, emissions scrubber, or emissions filter;
xi. Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydromulch
material, or material from the cleaning of vehicles or equipment containing, or used
in transporting or applying, such material; �
xii. Any runoff or washdown water from any animal pen, kennel, or foul or livestock
containment area containing more than three animals;
xiii. Any filter backwash from a swimming pool, fountain, or spa;
xiv. Any swimming pool water containing any harmful quantity of chlorine, muriatic acid
or other chemical used in the treatment or disinfection of the swimming pool water or
in pool cleaning;
xv. Any discharge from water line disinfection by superchlorination or other means if it
contains any harmful quantity of chlorine or any other chemical used in line
disinfection;
xvi. Any fire protection water containing oil or hazardous substances or materials that the
Fire Code in this Code of Ordinances requires to be contained and treated prior to
discharge, unless treatment adequate to remove pollutants occurs prior to discharge.
(This prohibition does not apply to discharges or flow from fire fighting by the Fire
Department.);
xvii. Any water from a water curtain in a spray room used for painting vehicles or
equipment;
xviii. Any contaminated runoff from a vehicle salvage yard;
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�- xix. Any substance or material that will damage, block, or clog the MS4;
xx. 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, unless the discharge
satisfies all of the following criteria:
A. Compliance with all state and federal standards and requirements;
B. No discharge containing a harmful quantity of any pollutant; and
C. No discharge containing more than 50 parts per billion of benzene; 500 parts per
billion combined total quantities of benzene, toluene, ethylbenzene, and xylene
(BTEX); or 15 mg/1 of total petroleum hydrocarbons (TPH).
2) Used Oil Regulation. No person shall:
a. Discharge used oil into the MS4 or a sewer drainage system, septic tank, surface
water, groundwater, or water course;
b. 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;
� c. Apply used oil to a road or land for dust suppression, weed abatement, or other
similar use that introduces used oil into the environment.
Sec. 42-106. Pesticide and Fertilizer Regulations.
1) Any sale, distribution, application, labeling, manufacture, transportation, storage, or
disposal of a pesticide, herbicide, or fertilizer must comply fully with all state and federal
statutes and regulations including, without limitation, the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA) and all federal regulations promulgated pursuant to
FIFRA; Chapters 63, 75, and 76 of the Texas Agriculture Code and all state regulations
promulgated pursuant to it; and any other state or federal requirement.
2) Any license, permit, registration certification, or evidence of financial responsibility
required by state or federal law for sale, distribution, application, manufacturer
transportation, storage, or disposal of a pesticide herbicide or fertilizer must be presented
to the Director for examination upon request.
3) No person shall use, or cause to be used, any pesticide or herbicide contrary to any
directions for use on any labeling required by state or federal statute or regulation.
4) 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.
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5) 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 ar fertilizer to enter the MS4.
Sec. 42-107. Mobile Cleaning Operations and Occasional Vehicle Wash for Fundraising
Activities.
1) Mobile cleaning operations may discharge clean, uncontaminated water to the MS4.
2) Any actual or threatened dischaxge of contaminated discharge to the MS4 from the
operation of a mobile cleaning operation is hereby declared a nuisance.
3) A mobile cleaning operation must collect any unclean or contaminated water produced
when engaging in mobile cleaning operations and disposed of said waste water in the
sanitary sewer with approval from the owner of the property upon which the sewer inlet
is located.
4) Contaminated water from mobile cleaning operations includes, but is not limited to:
a. water containing soap, detergent, degreaser, solvent or other harmful cleaning
substances;
b. any waste water from the wash down 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 the released material have
been previously removed;
c. or waste water with excessive amounts of sediments.
5) A mobile cleaning operation must use best management practices to the maximum extent
practicable to prevent contaminants from entering the MS4.
6) Occasional discharges of vehicle wash water are allowable when generated strictly for the
purpose of fundraising activities. Best management practices are encouraged to minimize
pollution, including, but not limited to:
a. remove all trash and debris before beginning the activity;
b. use soaps that are "non-toxic", "phosphate-free", ar"biodegradable";
c. refrain from using acid wheel cleaners or other toxic or harmful substances;
d. minimize the amount of soapy water entering the MS4 by shutting off water when
not in use and washing on a grassy area or an area where the runoff will enter a
grassy area; "'°'
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� e. emptying buckets of soapy water in sinks or toilets; and
f. clean up the site after completing the activity.
Sec. 42-108. Prohibition of Illicit Connections.
The construction, use, maintenance or continued existence of illicit connections to the MS4 is
prohibited.
1) 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.
2) A person is considered to be in violation of this Article if the person connects a line
conveying sewage to the MS4, or allows such a connection to continue.
Sec. 42-109. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES storm water discharge permit
shall comply with all provisions of such permit, which shall include:
1) filing the appropriate information with the Texas Commission on Environmental Quality
°�~~~ and the City,
2) developing a Storm Water Pollution Prevention Plan (SWPPP), and
3) monitoring the Site as necessary to comply with all provisions of the permit and to ensure
the prevention of any polluted discharges.
Proof of compliance with said permit may be required in a form acceptable to the Director prior
to the allowing of discharges to the MS4.
Sec. 42-110. Notification of Release and Cleanup.
1) The person in charge of any vehicle, facility, or other source of any spilling, leaking,
pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or
any other release of any of the following quantities of any of the following substances that may
flow, leach, enter, or otherwise be introduced into the MS4, shall telephone and notify Public
Warks and response personnel through the City Non-Emergency contact number as soon as
practicable, no later twenty-four (24) hours, concerning the incident:
a) An amount equal to or in excess of a reportable quantity of any hazardous substance, as
established under 40 CFR Part 302;
�,,, b) An amount equal to or in excess of a reportable quantity of any extremely hazardous
substance, as established under 40 CFR Part 355;
c) An amount of oil that either (a) violates applicable water quality standards, or (b) causes
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a film or discoloration of the surface of the water or an adjoining shoreline or causes a
sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining ""
shoreline; or
d) Any harmful quantity of any pollutant.
2) The immediate notification shall include the following information:
a) The identity or chemical name of the substance released, and whether the substance is an
extremely hazardous substance, as established under 40 CFR Part 355;
b) The exact location of the release, including any known name of the waters involved or
threatened and any other environmental media affected;
c) The time and duration (thus far) of the release;
d) An estimate of the quantity and concentration (if known) of the substance released;
e) The source of the release;
� Any known or anticipated health risks associated with the release and, where appropriate,
advice regarding medical attention that may be necessary for exposed individuals;
g) Any precautions that should be taken as a result of the release; -�.
h) Any steps that have been taken to contain and clean up the released material and
minimize its impacts; and
i) The names and telephone numbers of the person ar persons to be contacted for further
information.
3) Within fourteen (14) days following such release, the responsible person in charge of the
vehicle, facility, or other source of the release shall, unless waived by the Director, submit a
written report containing each of the items of information specified above, as well as the
following additional information:
a) The ultimate duration, concentration, and quantity of the release;
b) All actions taken to respond to, contain, and clean up the released substances, and all
precautions taken to minimize the impacts;
c) Any known or anticipated acute or chronic health risks associated with the release;
d) Where appropriate, advice regarding medical attention necessary for exposed individuals;
e) The identity of any governmental/private sector representatives responding to the release; ""
and
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� The measures taken or to be taken by the responsible person(s) to prevent similar future
occurrences.
4) Any release report required by a state or federal authority containing the information
described above, shall be adequate to meet the reporting requirements for submittal to the
Director.
5) The notifications required above shall not relieve the responsible person of any expense, loss,
damage, or other liability which may be incurred as a result of the release, including any liability
for damage to the City, to natural resources, or to any other person or property; nor shall such
notification relieve the responsible person of any fine, penalty, or other liability which may be
imposed pursuant to this Article or to state or federal law.
6) Any person responsible for any release as described above shall comply with all state, federal,
and any other local law requiring reporting, cleanup, containment, and any other appropriate
remedial action in response to the release.
7) Any person responsible for a release described above shall reimburse the City for any cost
incurred by the City in responding to the release.
Sec. 42-111. Suspension of MS4 Access.
1) Suspension due to Illicit Discharges in Emergency Situations. The Director may, without
prior notice, suspend MS4 discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge which presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters in the
State. If the person fails to comply with a suspension order issued in an emergency, the
authorized enforcement agency may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or Waters of the United States, or to minimize danger to persons.
2) Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4
in violation of this Article may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The authorized enforcement agency will notify a person of
the proposed termination of its MS4 access. The person may petition the authorized enforcement
agency for a reconsideration and hearing.
3) Offense. A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the Director.
Sec. 42-112. Watercourse Protection.
Any person owning property through which a watercourse passes, or such person's lessee, shall
..»�.. keep and maintain that part of the watercourse within the property free of trash, debris, and other
obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
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adjacent to a watercourse, so that such structures will not become a hazard to the use, function, �
or physical integrity of the watercourse. The property owner, or such person's lessee, shall
provide protection against stream bank erosion by maintaining existing vegetation or other bank
stabilization practices adjacent to watercourses.
Sec. 42-113. Right of Entry: Inspection and Sampling.
The Director shall be permitted to enter and inspect facilities subject to regulation under this
Article as often as may be necessary to determine compliance with this Article. If a person has
security measures in force which require proper identification and clearance before entry into its
premises, the person shall make the necessary arrangements to allow access to the Director or
his/her authorized representatives as soon as possible.
The Director shall have the right to enter any Site discharging storm water to the MS4 or to
waters in the state to determine if the Owner or Operator is complying with all requirements of
this Article, and with any state or federal discharge permit, limitation, or requirement. Owners or
Operators shall allow the Director ready access to all parts of the Site for the purposes of
inspection, sampling, records examination and copying, and for the performance of any
additional duties as provided by state ar federal law. Owners or Operators shall make available to
the Director, upon request, any SWPPP's, modifications thereto, self-inspection reports,
monitaring 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. --°
1) The Director shall have the right to set up on the Site, or require installation of, such
devices as are necessary to conduct sampling and/or metering of the Owner or Operator's
operations, in the Director's discretion.
2) The Director may require any Owner or Operator 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.
3) The Director may require the Owner ar Operator to install monitoring equipment as
necessary at the discharger's expense. The Site's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the Owner or
Operator at its own expense. All devices used to measure storm water flow and quality
shall be calibrated to ensure their accuracy.
4) Any temporary or permanent obstruction to safe and easy access to the Site to be
inspected and/or sampled shall be promptly removed by the Owner or Operator 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 Owner or Operator.
5) Unreasonable delays in allowing the Director access to the Site shall be a violation of this
Article. The Owner or Operator of a facility with a NPDES permit to discharge storm ""`°
water associated with industrial activity commits an offense if the person denies the
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� authorized enforcement agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this Article.
Sec. 42-114. Search Warrants.
The Director may seek issuance of a search warrant from a municipal court or other court of
competent jurisdiction if the Director, or his/her authorized representative, has been refused
access to a building, structure, property, or premises and can demonstrate that the Director has
probable cause to believe that:
1. a violation of this Article, a permit or other enfarcement order exists;
2. there is a need to conduct a routine compliance inspection or to protect public health or
safety; or
3. there is an emergency affecting public health or safety.
For purposes of this Section, the City Manager, Director of Public Services, and their duly
authorized representatives are declared to be "health officers," as that term is used in the Texas
Code of Criminal Procedure, Article 18.05.
Sec. 42-115. Warning Notice.
When the Director finds that any person has violated, or continues to violate, any provision of
this Article, or any order issued hereunder, the Director may serve upon that Person a written
Warning Notice, specifying the particular violation believed to have occurred and requesting the
Owner or Operator to immediately investigate the matter and to seek a resolution whereby any
offending discharge will cease. Investigation and/or resolution of the matter in response to the
Warning Notice in no way relieves the person of liability for any violations occurring before or
after receipt of the Warning Notice. Nothing in this Section shall limit the authority of the
Director to take any action, including emergency action or any other enforcement action, without
first issuing a Warning Notice.
Sec. 42-116. Notification of Violation.
Whenever the Director finds that a person has violated a prohibition, or continues to violate,
failed to meet a requirement of this Article, or any order issued hereunder, the authorized
Director 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 of remediation of storm water pollution or contamination hazards and the
restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; or
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6. The implementation of source control or treatment BMP's. „�
If abatement of a violation and/or restoration of affected property is required, the notice shall set
forth a deadline within such remediation or restoration must be completed. Said notice shall
further advise that, should the violator fail to remediate or restore within the established deadline,
the work will be done by a designated governmental agency or a contractar and the expense
thereof shall be charged to the violator.
When the Director finds that any person has violated, or continues to violate, any provision of
this Article, or any order issued hereunder, the Director may serve upon that person a written
Notice of Violation. Within ten (10) calendar days of the receipt of this notice, the person shall
submit to the Director:
1. an explanation of the violation; and
2. a plan for the satisfactory correction and prevention of reoccurrence thereof, to include
specific required actions.
If the person denies that any violation occurred and/or contends that no corrective action is
necessary, an explanation of the basis of any such denial or contention shall be submitted to the
Director within ten (10) calendar days of receipt of the notice.
Submission of an explanation and/or plan in no way relieves the person of liability for any
violations occurring before or after receipt of the Notice of Violation. Nothing in this Section ._..,.,,
shall limit the authority of the Director to take any action, including emergency action or any
other enforcement action, prior to issuing a Notice of Violation.
The Director may enter into Consent Orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with any person responsible for noncompliance
with any provision in this Article or any order issued hereunder. Such documents may include
specific action to be taken by the person to correct the noncompliance within a time period
specified by the document. Such documents shall ha�e the same force and effect as the
administrative orders issued pursuant to Sections 42-117, 42-118, 42-119, 42-120, and 42-121 of
this Article and shall be judicially enforceable.
Sec. 42-117. Show Cause Hearing.
The Director may order any person who has violated, or continues to violate, any provision of
this Article, or any order issued hereunder, to appear before the Director and show cause why a
proposed enforcement action should not be taken. Notice shall be served on the person and such
notice shall include:
1. the time and place for the hearing;
2. the proposed enforcement action;
3. the reasons for such action; and ._.,,,
4. a request that the person show cause why the proposed enforcement action should not be
taken.
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The notice of the hearing shall be served personally or by registered or certified mail (return
receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may be served
on any authorized representative of the person. The hearing shall be conducted pursuant to the
rights and procedures specified in Section 42-122 of this Article. A show cause hearing shall not
be a bar against, or prerequisite for, taking any other action against the person.
Sec. 42-118. Compliance Orders.
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, the Director may issue an order to
the violator directing that the violator come into compliance within a specified time limit, priar
to commencement or continuance of operation, or immediately. Compliance orders also may
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 in the state. A compliance order may not extend the deadline for compliance
established by a state or federal standard or requirement, nor does a compliance order relieve the
person of liability for any violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, or a prerequisite for, taking any other action against the person.
Sec. 42-119. Remediation, Abatement, and Restoration Orders.
� 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 in the state, the Director may issue an order to the violator directing him/her to
undertake and implement any appropriate action to remediate and/or abate any adverse effects of
the violation upon the MS4, or the waters in the state, andlor to restore any part of the MS4, or
the waters in the state. Such remedial, abatement, and restoration action may include, but not be
limited to: monitoring, assessment, and evaluation of the adverse effects and determination of the
appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup,
treatment, and disposal of any discharged or released pollution or contamination; prevention,
minimization, and/or mitigation of any damage to the public health, welfare, or the environment
that may result from the violation; restoration or replacement of City property or natural
resources damaged by the violation. 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. An order issued under this Section does not relieve the person of
liability for any violation, including any continuing violation. Issuance of an order under this
Section shall not be a bar against, or a prerequisite for, taking any other action against any
responsible party.
Sec. 42-120. Emergency Cease and Desist Orders.
�- 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 reoccur, and that the person's violation(s), or threatened violation(s), have caused or
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contributed to an actual or threatened discharge to the MS4 or waters in the state 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:
1) Immediately comply with all requirements of this Article; and
2) Take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations and/or
terminating the discharge.
Any person notified of an emergency order directed to it under this Section shall immediately
comply and stop or eliminate its endangering discharge. In the event of a person'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 in the state, including
immediate termination of a Site's water supply, sewer connection, or other municipal utility
services. 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 person. The cease and desist
order shall not be a bar against, or a prerequisite for, taking any other action against the person
under this Article. 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 cease and desist order.
Sec. 42-121. Stop Work Orders.
Whenever the Director finds that any person 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 to such person, and require that a copy of the Stop Work Order be posted at the
location where the person is engaging in the work or activities which creates or threatens to
create such violation, and the Director shall distribute the Stop Work Order to all City
departments and divisions whose decisions affect such work or activities. Unless express written
exception is made by the issuing Director, the Stop Work Order shall prohibit any such further
work or activities at such location and shall bar any further inspection or approval by the City
associated with a building permit, grading permit, or any other City approval necessary to
commence or continue such work or activities. Issuance of a Stop Work Order shall not be a bar
against, or a prerequisite for, taking any other action against the person.
Sec. 42-122. Reconsideration and Hearing.
1) Any person subject to a Compliance Order under Section 42-118, a Remediation, Abatement,
or Restoration Order under Section 42-119 an Emergency Cease and Desist Order under
Section 42-120, or a Stop Work Order under Section 42-121 of this Article may petition the
Directar to reconsider the basis for his/her order within fifteen (15) calendar days of the '+"
affected person's receipt of notice of issuance of such an order.
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� 2) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver
of any further right to administrative reconsideration or review of the order.
3) In its petition, the petitioning party must indicate the provisions of the order objected to, the
reasons for the objection(s), any facts that are contested, the evidence that supports the
petitioner's view of the facts, any alternative terms of an order that the petitioner would
accept, and whether the petitioning party requests a hearing on its petition.
4) The effect of any Compliance Order under Section 42-118, a Remediation, Abatement, or
Restoration Order under Section 42-119, and any Stop Work Order under Section 42-121
shall be stayed pending the Director's reconsideration of the petition, and any hearing
thereon, unless the Director expressly makes a written determination to the contrary. The
effectiveness of any Emergency Cease and Desist Order under Section 42-120 shall not be
stayed pending the Director's reconsideration, or any hearing thereon, unless the Director
expressly and in writing stays his/her emergency order.
5) Within thirty (30) calendar days of the submittal of a petition for reconsideration, the
Director shall either (1) grant the petition and withdraw or modify the order accordingly; (2)
deny the petition without a hearing, if no material issue of fact is raised; or (3) if a hearing
has been requested and a material issue of fact has been raised, set a hearing on the petition.
� 6) Written notice of any hearing set by the Director pursuant to Section 42-122, paragraph 5)
above shall be served on the petitioning party personally or by registered or certified mail
(return receipt requested) at least ten (10) calendar days prior to the hearing. Such notice may
be served on any authorized representative of the petitioning party.
7) The Director may himself/herself conduct the hearing and take evidence, or he/she may
designate any employee of the City or any specially-designated attorney or engineer to:
a) issue in the name of the City notices of hearing requesting the attendance and
testimony of witnesses and the production of evidence relevant to any matter involved
in the hearing;
b) take evidence; and/or
c) transmit a report of the evidence and hearing, including transcripts and other
evidence, together with recommendations to the Director for action thereon.
8) At any hearing held pursuant to this Section, testimony taken shall be under oath and
recorded. Any party is entitled to present his/her case or defense by oral or documentary
evidence and to conduct such cross-examination as may be required for a full and true
disclosure of the facts. A transcript will be made available to any party to the hearing upon
��- payment of the usual charges thereof.
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9) After the Director has reviewed the evidence, he/she shall either (1) grant the petition; (2) �
deny the petition; or (3) grant the petition in part and deny it in part. The Director may
modify his/her order as is appropriate based upon the evidence and arguments presented at
the hearing and his/her action on the petition. Further orders and directives as are necessary
and appropriate may be issued.
Sec.42-123. Appeal.
Any person who remains adversely affected by the Director's order after petitioning for
reconsideration pursuant to Section 42-122, or who is subject to an order of the Director issued
following a Show Cause Hearing under Section 42-117 may challenge the final action of the
Director in an appropriate court of competent jurisdiction.
Sec. 42-124. Civil Remedies.
1) Whenever it appears that a person has violated, or continues to violate, any provision of this
Article that relates to:
a) the preservation of public safety relating to the materials or methods used in
construction of any structure or improvement of real property;
b) the preservation of public health or to the fire safety of a building or other structure or
improvement; �'
c) the establishment of criteria for land subdivision or construction of buildings,
including street design;
d) dangerously damaged or deteriorated structures or improvements;
e) conditions caused by accumulations of refuse, vegetation, or other matter that creates
breeding and living places for insects and rodents; or
� point source effluent limitations or the discharge of a Pollutant, other than from a
nonpoint source, into the MS4.
the City may invoke Sections 54.012 - 54.017 of the Texas Local Government Code and petition
the State district court or the county court at law of Collin County, through the City Attorney, for
either the injunctive relief specified in Section 42-124 paragraph 2) or the civil penalties
specified in Section 42-124 paragraph 3) below, or both the specified injunctive relief and civil
penalties.
2) Pursuant to Section 54.016 of the Texas Local Government Code, the City may obtain against
the Owner or Operator of a Site a temporary or permanent injunction, as appropriate, that:
a) prohibits any conduct that violates any provision of this Article that relates to any °°
matter specified in Section 42-124, paragraphs 1) a) through � above; or
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� b) compels the specific performance of any action that is necessary for compliance with
any provision of this Article that relates to any matter specified in Section 42-124
paragraphs 1) a) through � above.
3) Pursuant to Section 54.017 of the Texas Local Government Code, the City may recover a
civil penalty of not more than $1,000 per day for each violation of any provision of this Article
that relates to any matter specified in Section 42-124, paragraphs 1) a) through e) above, and a
civil penalty of not more than $5,000 per day for each violation of any provision of this Article
that relates to any matter specified in Section 42-124 paragraph 1) � above, if the City proves
that:
a) the defendant was actually notified of the provisions of this Article; and
b) after the defendant received notice of the provisions of this Article, the defendant
committed acts in violation of the Article or failed to take action necessary for
compliance with the Article.
Sec. 42-125. Criminal Penalties.
1) Any person who has violated any provision of this Article, or any order issued hereunder,
shall be strictly liable for such violation, regardless of the presence or absence of a culpable
� mental state, and shall, upon conviction, be subject to a fine of not more than $2000.00 per
violation, per day.
2) Any person who has knowingly made any false statement, representation, or certification in
any application, record, report, plan, or other documentation filed, or required to be
maintained, pursuant to this Article, or any order issued hereunder, or who has falsified,
tampered with, or knowingly rendered inaccurate any monitoring device or method required
under this Article shall, upon conviction, be subject to a fine of not more than Two Thousand
and 00/100s Dollars ($2,000.00) per violation, per day.
3) In determining the amount of any fine imposed hereunder, 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, conective actions by the violator, the compliance history of the violator, the
knowledge, intent, negligence, or other state of mind of the violator, and any other factor as
justice requires.
Sec. 42-126. Civil Suit under the Texas Water Code.
Whenever it appears that a violation or threat of violation of any provision of Section 26.121 of
the Texas Water Code, or any rule, permit, or order of the Texas Commission on Environmental
�� Quality, has occurred or is occurring within the jurisdiction of the City, exclusive of its
extraterritorial jurisdiction, the City, in the same manner as the Texas Commission on
Environmental Quality, may have a suit instituted in a state district court through its City
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Attorney for the injunctive relief or civil penalties or both authorized in Sections 7.031 and 7.032
of the Texas Water Code, against the person who committed or is committing or threatening to °"
commit the violation. This power is exercised pursuant to Section 7.351 of the Texas Water
Code. In any suit brought by the City under this Section, the Texas Commission on
Environmental Quality is a necessary and indispensable party.
Sec. 42-127. Remedies Nonexclusive.
The remedies provided for in this Article are not exclusive of any other remedies that the City
may have under state or federal law or other City ordinances. The City may take any, all, or any
combination of these actions against a person. The City is empowered to take more than one
enforcement action against any person. These actions may be taken concurrently.
Sec. 42-128. Performance and Maintenance Bonds.
Prior to construction, 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 performance and/or maintenance 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 SWPPP
provision. The City may deny approval of any building permit, grading permit, subdivision plat,
site development plan, or any other City permit or approval necessary to commence or continue
construction or any industrial activity at the Site, or to assume occupancy, until such a _,
performance and/or maintenance bond has been filed.
Sec. 42-129. 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 greater than or equal to a value
determined by the Director, that is sufficient to remediate, restore, and abate any damage to the
MS4, the waters in the state, or any other aspect of the environment that is caused by the
discharge."
SECTION 3 : Savings/Reqealing Clause All provisions of any ordinance in conflict with this
Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinance shall remain in full force and effect.
SECTION 4 : Severability Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more —"
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
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��
SECTION 5 : Penalty Provision Any person, firm, corporation or entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Two Thousand and 00/100 Dollars ($2,000.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6 : Effective Date This Ordinance shall become effective immediately upon its
passage and publication as required by law.
PASSED AND APPROVED on the%�—�day of , 2010.
�
Eric Hogue, Mayor
ATTEST:
ry � Caro e Ehrlich, ty ecretary
APPROVED AS TO FORM:
CITY ATTO EY
Date(s) of Publication: , Wylie Enterprise
�
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