HomeMy WebLinkAboutPO 6488: AMENDING CHAPTER 93 STORM WATER QUALITY P.O. N o. 6488
09/03/15 gt
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 93 "STORM WATER
QUALITY" OF THE CODE OF ORDINANCES: PROVIDING
STORM WATER QUALITY REGULATIONS AND PROVISIONS
RELATED THERETO; PROVIDING PROHIBITIONS AGAINST
ILLICIT DISCHARGES AND CONNECTIONS,
CONSTRUCTION OF STORM WATER MANAGEMENT,
NOTIFICATION OF SPILLS, CITIZEN REPORTS OF
VIOLATIONS, ENFORCEMENT, AND FOR HEARINGS AND
APPEALS; PROVIDING FOR CIVIL AND CRIMINAL
PENALTIES, CUMULATIVE REMEDIES, PUBLIC
NUISANCES, AND FEES; AND, FURTHER, PROVIDING FOR
SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Council finds that it has a compelling interest in
protecting the quality of water in the City's drainage ways and subsequent
receiving waters in accordance with federal, state and local regulations; and,
WHEREAS, the City Council deems it in the best interest of the citizens
of Port Arthur to amend the storm water quality regulations and provisions related
thereto, as delineated in Exhibit "A".
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true
and correct.
Section 2. That Chapter 93 "Storm Water Quality" of the City of
Port Arthur's Code of Ordinances is amended as delineated in Exhibit "A".
Section 3. That, this being an Ordinance which imposes a penalty,
fine, or forfeiture, its caption and penalty shall be published at least one (1) time
within ten (10) days after final passage hereof in the official newspaper of the
City of Port Arthur.
Section 4. That, a violation of this Ordinance shall be a fine not
exceeding $2,000 per violation, per day and per incident.
Section 5. That, this Ordinance shall become effective
immediately after the date of publication.
Section 6. That a copy of the caption of this Ordinance be spread
upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2015, at a Regular Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote: AYES:
Mayor:
Councilmembers:
NOES: .
Deloris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia R. i 0' o, City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
aa,,61171/P
;wefts T. Baaheth, Sr.
terim Director of Public Works
PART II -CODE OF ORDINANCES
Chapter 93 - STORMWATER QUALITY
Chapter 93 - STORMWATER QUALITY
Sec. 93-1. - Interpretation.
Sec. 93-2. - Intent and objectives.
Sec. 93-3. -Administration.
Sec. 93-4. - Severability.
Sec. 93-5. -Abbreviations.
Sec. 93-6. - Definitions.
Sec. 93-7. - Illicit discharges and connections.
Sec. 93-8. —Construction and post-construction
stormwater management.
Sec. 93-9. - Notification of spills.
Sec. 93-10. - Citizen reports of violations.
Sec. 93-11. - Enforcement.
Sec. 93-12. - Rights to reconsiderations, hearing and appeals.
Sec. 93-13. - Civil and criminal penalties.
Sec. 93-14. - Right of entry.
Sec. 93-15. -Violators deemed public nuisance.
Sec. 93-16. - Remedies not exclusive.
Sec. 93-17. - Fees.
Sec. 93-1. - Interpretation.
(a) The ordinance from which this chapter derives sets forth the administrative procedures, standards
and enforcement remedies which shall be used by the city in meeting the requirements of the
National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer
System (MS4) general permit as promulgated by the NPDES permitting authority.
(b) The provisions of this chapter shall be regarded as the requirements for the protection of the public
health, safety, general welfare and environment.
(c) This chapter is not intended to interfere or conflict with, abrogate, or annul any other regulation,
ordinance, statute or provision of law.
(d) Whenever a provision of this chapter and a provision of any other law, ordinance, resolution, rule or
regulation of any kind, including any other provision of this chapter, contains any restrictions covering
the same subject matter, the more restrictive shall govern.
(Ord. No. 09-51, § I, 7-28-2009)
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Chapter 93 -STORMWATER QUALITY
Sec. 93-2. - Intent and objectives.
(a) Intent. The intent of this chapter is to comply with regulations set forth by the Texas
Pollution
Discharge Elimination System (TPDES) Phase II MS4 general permit No. TXR040000.
(b) Objectives. The objectives of this chapter are protecting the quality of water in the city's
drainage ways and subsequent receiving waters in accordance with federal, state and local
regulations.
(Ord. No. 09-51, § II, 7-28-2009)
Sec. 93-3. - Administration.
Except as otherwise provided herein, the city public works director, shall administer, implement
and enforce the provisions of this chapter. Any powers granted to, or duties imposed upon the
city public works director, may be delegated to an appointed representative.
(Ord. No. 09-51, § III, 7-28-2009)
Sec. 93-4. - Severability.
If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this
chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or
clause of this chapter.
(Ord. No. 09-51, § IV, 7-28-2009)
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Chapter 93 - STORMWATER QUALITY
Sec. 93-5. - Abbreviations.
The following abbreviations, when used in this chapter, shall mean the following:
BMP - Best Management Practice
MS4 - Municipal Separate Storm Sewer System
NOTC - Notice of Termination of Construction
NOV - Notice of Violation
NPDES - National Pollution Discharge Elimination System
SWO - Stop Work Order
SWP3 - Stormwater Pollution Prevention Plan
TCEQ - Texas Commission of Environmental Quality
TPDES I i Texas Pollution Discharge Elimination System
(Ord. No. 09-51, §V, 7-28-2009)
Sec. 93-6. - Definitions.
For the purposes of this chapter, unless a provision explicitly states otherwise, the following
shall mean:
Affidavit. A sworn statement in writing, submitted by a person, or persons, to the city public
works director, that is to be used as a legal document committing the said person to a long-term
maintenance agreement with the city for maintenance of post-construction control measures.
Agricultural storm water runoff. Any stormwater runoff from orchards, cultivated crops,
pastures, range lands and other nonpoint source agricultural activities, but not: Discharges from
concentrated animal feeding operations as defined in 40 CFR § 122.23; discharges from
concentrated aquatic animal production facilities as defined in 40 CFR § 122.24; or discharges from
residential irrigation or landscape watering.
Applicant. Any person that submits an application for a stormwater permit and is: (1) the owner
of the property upon which construction is proposed or is taking place; or (2) the lessee if the lessee
undertakes development of the property under the terms of the lease.
Authorized representative. A person delegated authority to act on behalf of another for the
purpose of complying with specified requirements of this chapter.
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Best management practices (BMPs). Schedules of activities; prohibitions of practices;
maintenance procedures; material storage shelters or covers; drainage management; runoff control
devices or structures; retention or detention structures; trapping, separating or settling devices;
spill prevention or control devices and tools; waste treatment plants and devices; managed waste
disposal devices and procedures; and other management practices as approved by the city/county
to prevent or reduce the pollution of waters of the U.S.
City. The City of Port Arthur, Texas.
City public works director. Person appointed to the position of city public works director, or his or
her duly appointed representative.
City council. The City Council of the City of Port Arthur.
Closure activities. Activities, or the process thereof, that results in the final stabilization of a
construction site and leave the site in good repair.
Commencement of construction. The first disturbance of soils associated with or caused by
move-in of equipment, installation of access roads or trails, storage of materials or equipment,
clearing, grading, demolition, building, excavation or similar activities at a construction site.
Compliance order. An order issued by the city public works director requiring a discharger to
comply with this chapter by means specified in the order.
Consent order. An order issued by the city public works director to which a discharger
agrees to bring the discharge into compliance to this chapter.
Construction. Activities involving clearing, grading, demolition, excavation, filling, or building of
above and below ground structures and buildings, support and auxiliary facilities,
transportation facilities,
container and containment structures, above and below ground utilities and associated auxiliary
facilities, pipelines and conveyances, and similar activities undertaken for public purposes or needs;
for preparation of land, structures or facilities for commercial purposes, use or sale; or for preparation
of land, structures or facilities for industrial purposes, use or sale.
Construction site. The entire location where any construction or construction related activities
occur which are part of a common development or project.
Discharge. Any addition or introduction of any pollutant, or any other substance whatsoever into
the municipal separate storm sewer system (MS4) or into waters of the U.S.
Discharge permit. A NPDES permit, a TPDES permit or other state or federally issued permit or
license for the discharge of waste or stormwaters to the water of the United States.
Discharger. Any person who causes, allows, permits, or is otherwise responsible for a discharge,
including, without limitation, any operator of a construction site.
Emergency cease and desist order. An order issued by the city public works director requiring
immediate cessation of a discharge because of imminent endangerment to the public or the
environment.
Facility. Any building, structure, installation or area of activity from which there is or may be a
discharge of a pollutant, excluding a construction or grading site.
Final stabilization. The condition, or the activities leading thereto, of a construction site, wherein
all soil disturbing activities at the site have been completed, and a uniform perennial. Vegetative
cover, or equivalent permanent erosion prevention measures, has been established over at least 70
percent of all areas not paved or covered by permanent structures or impervious surfaces.
Garbage. Putrescible animal and vegetable waste materials from the handling, preparation,
cooking or consumption of food, including waste materials from markets, storage facilities and the
handling and sale of produce and other food products.
Guidance document. The guidance document is a document produced by the city that serves as
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the detailed technical specifications, procedures and other materials related to or required by the
stormwater permit and stormwater quality plan.
Harmful. Causing pollution of waters in the state or waters occurring in the MS4.
Hazardous substance. Any substance listed in Table 302.4 of 40 CFR Part 302.
Illicit connection. Any connection to a stormwater conveyance without a stormwater permit or
exemption from prohibition of such connections as required by this chapter.
Illicit discharge. A discharge of liquid or solid wastes, or combination thereof, which is
discharged to a stormwater conveyance without a stormwater permit or exemption from prohibition of
such discharge as required by this chapter.
Impervious. A condition of the land surface for which more than 90 percent of the rainfall on the
land surface would be reasonably expected to runoff.
Leasee. The person who leases a construction site or industrial or commercial facility and acts
as an owner in regard to the conduct of construction at a construction site or operation of the facility
at an industrial or commercial facility.
Maintenance bond. Legally enforceable written agreement whereby an owner, lessee,
or organization guarantees proper maintenance of drainage features or water quality control
structures for a certain period of time.
Maximum extent practicable. A standard for water quality that applies to all MS4 operators
regulated under the NPDES program. Since no precise definition of MEP exists, it allows for
maximum flexibility on the part of MS4 operators as they develop and implement their programs to
reduce the discharge of pollutants to the maximum extent practicable, including management
practices, control techniques and
system, design and engineering methods, and such other provisions as the administrator or the
state determines appropriate for the control of pollutants.
MS4. The municipal separate storm sewer system, incorporating the entire system of
stormwater conveyances, but not sanitary or industrial wastewater sewers, or a single conveyance in
such entire system, natural or manmade, lying within the boundaries of the city.
MS4 permit. The TPDES permit issued to the city and other co-permitees for the discharge of
stormwaters from the MS4.
Municipal separate storm sewer system (MS4). Stormwater conveyances lying within the
corporate limits of the city, including, but not limited to, stormwater sewers, inlets, catch basins,
traps, gutters, drains, ditches, culverts, canals, ponds and other stormwater conveyances, both
natural and manmade, designed or used for collecting or conveying stormwater, and which are not
used for collecting or conveying sewage.
Notice of violation (NOV). A legal notice issued by the city public works director
indicating a discharge is in violation of this chapter and that the violator must eliminate such
discharge.
Open space design. A low impact site design technique that concentrates dwellings in a
compact area in one portion of the development in exchange for open space and natural areas
elsewhere on the site. Open space designs are used to reduce impervious surfaces, stormwater
pollutants, and the loss of natural areas on a site.
Operator of a construction site. The person or persons associated with a large or small
construction activity that is an operator as defined below:
(1) The person or persons that have operational control over construction plans and
specifications, including the ability to make modifications to those plans and specifications;
or
(2) The person or persons that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a stormwater
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pollution prevention plan (SWP3) for the site or other permit conditions (e.g., they are
authorized to direct workers at a site to carry out activities required by the SWP3 or comply
with other permit conditions).
Outfall. The outlet of a body of water, in particularly, the point where a storm conveyance
reaches its receiving water.
Owner. The person who owns a facility, property on which a facility occurs, part of a facility, or
part of the property on which a facility occurs; in the case of a mortgaged facility or property, the
person who has a mortgage on the property and who will obtain, upon proper payment to a financial
institution, ownership of the property; in the case of a facility or property for which a person has an
option to purchase and such person acts, in effect, as an owner. Also, the person who owns a site
or facility and who has ultimate financial responsibility for activities conducted at the site or facility.
Person. Any individual; group of people by virtue of contract or mutual consent acting as a
single entity; group of people assigned joint responsibility under requirements of this chapter;
partnership; co- partnership; firm, company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity; or the legal representatives, agents, or assigns
of any person as defined in this paragraph. This definition includes all federal, state and local
governmental entities.
Petition for reconsideration. Written document submitted by a person to the public works director
requesting reconsideration of a previously issued SWO; compliance order; remediation, abatement
and restoration order; or emergency cease and desist order.
Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt, sediment, and industrial, municipal and agricultural waste
discharged
into water. The term "pollutant" does not include tail water or runoff from irrigation or rainwater runoff
from cultivated or uncultivated rangeland, pasture land and farm land.
Pollution. The alteration of the physical, thermal, chemical or biological quality of, or the
contamination of, any water in the U.S., that renders the water harmful, detrimental or
injurious to humans, animal life, vegetation, property, or to the public health, safety or welfare, or
impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
Receiving waters. Any water of the state that accepts stormwater runoff as overland sheet flow,
channelized flow from a manmade or natural drainage channel, or similar structure, and is
considered to be the ultimate destination of the stormwater.
Remediation, abatement and restoration order. A legally issued order by the city public
works director to correct or repair damage; stop, or otherwise control pollutant discharge; and/or to
rehabilitate and return to original quality some condition in the environment.
Rubbish. Nonputrescible solid waste, excluding ashes, that consist of: (1) combustible waste
materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings,
leaves or similar materials; or (2) noncombustible waste materials, including glass, crockery, tin cans,
aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator
temperatures (1,600 to 1,800 degrees Fahrenheit).
Runoff coefficient. A measurement of the amount of the precipitation that falls on a specific
surface actually ends up as stormwater runoff.
Scour velocity. The velocity, measured in feet per second, at which water has the ability to
cause erosion. Scour velocities depend on topography, soils and runoff rates.
Show cause hearing. A hearing for which a violator of this chapter must provide reason why a
proposed enforcement action by the city public works director should not be undertaken.
Significant development/redevelopment. A development or redevelopment project that results
in a net increase of impervious surface area by one or more acres.
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Site. 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.
Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility, and other discarded material, including, solid, liquid,
semi- solid or contained gaseous material resulting from industrial, municipal, commercial, mining or
agricultural operations, or from community and institutional activities.
State. The State of Texas.
Stop work order (SWO). A legal order issued by the city public works director to stop
construction because of noncompliance to this chapter.
Storm water. Water derived solely and directly from rainfall or snowmelt runoff and appearing as
overland flow, flow in drainage conveyances, or flow in natural watercourses and manmade
waterways.
Stormwater permit. Authorization issued by the city to conduct construction activities.
Stormwater pollution prevention plan (SWPPP or SWP3). A plan that describes the practices,
and the procedures for their implementation, that are to be used to reduce the pollutants in
stormwater discharges associated with construction or other industrial activity at a facility. Plan
must be approved and/or sealed by a professional engineer or a certified professional in erosion and
sediment control (CPESC).
Stormwater quality plan. A plan describing how construction is to be performed and how the
site closure is to be accomplished, including post-construction control measures, at a construction
site. A stormwater quality plan is required to obtain a stormwater permit from the city.
Texas Pollution Discharge Elimination System (TPDES) permit. Texas Pollution Discharge
Elimination System permit issued by the TCEQ for the discharge of stormwaters pursuant to
authority delegated to the state by the EPA for issuance of TPDES permits.
TPDES permitting authority. The environmental agency that is responsible for the oversight and
enforcement of the TPDES Phase II MS4 stormwater permit is the TCEQ.
Urban forestry. A low impact site design technique that utilizes environmentally sensitive
practices and promotes the planting of trees and other vegetation to help control erosion and improve
the quality of stormwater runoff from construction sites within urbanized areas.
Warning notice. A notice issued by the city public works director stating that a discharge
is in violation of this chapter and requesting that the cause of discharge be investigated and that any
violations be stopped.
Waste, debris, trash. Solid waste composed of mixtures of floatables and nonfloatables derived
from identifiable and ill-defined residential, industrial and commercial sources, commonly consisting
of miscellaneous containers, bottles, cans, packaging, dead vegetation, discarded construction
materials, soil, silt, yard waste, paper, cardboard, bottle and container caps and tops, oil and grease,
paint and painting supplies, discarded auto parts or repair or maintenance tools or supplies, discarded
clothes, discarded furniture, discarded household appliances or discarded parts of furniture or
appliances.
Waters in the state or (water of the state). Any 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 water courses and bodies of surface water, that are wholly or partially
inside or bordering the state or inside the jurisdiction of the state.
Water quality standard. The designation of a body or segment of surface water in the state for
desirable uses and the narrative and numerical criteria deemed necessary by the state to protect
those uses as specified in the Texas Administrative Code, or in waters of the U.S. as specified by the
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Federal Clean Water Act.
Waters of the U.S. All waters which are currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb
and flow of the tide; all interstate waters, including interstate wetlands; all other waters in which the
use, degradation or destruction would affect or could affect interstate or foreign commerce; all
impoundments of waters otherwise defined as waters of the United States under this definition; all
tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this
definition; and any waters within the federal definition of "waters of the United States" at 40 CFR
122.2; but not including, any waste treatment systems, treatment ponds, or lagoons designed to meet
the requirements of the Federal Clean Water Act.
Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and which under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas.
Working day. Any calendar day, 8:00 a.m. to 5:00 p.m., but not including Saturday, Sunday,
any legal holiday recognized by the city or any day for which the city offices are closed for
ordinary and general business.
(Ord. No. 09-51, §VI, 7-28-2009)
Sec. 93-7. - Illicit discharges and connections.
(a) Discharge prohibitions.
(1) Prohibition of illicit discharge. It is unlawful for a person to intentionally, knowingly,
recklessly or with criminal negligence, create, cause, introduce or contribute to creating,
causing or introducing any discharge that causes and/or contributes to a violation of
applicable water quality standards, except for a discharge or flow composed of one or more
of the following:
a. Entirely of stormwater;
b. Water line flushing or other potable water sources;
c. Landscape irrigation or lawn watering;
d. Diverted storm flows;
e. Rising groundwater;
f. Groundwater infiltration to storm drains;
g. Uncontaminated pumped groundwater;
h. Foundation or footing drains (not including active groundwater dewatering systems);
i. Crawl space pumps;
j. Air conditioning condensation;
k. Diverted stream flow or natural springs;
I. Noncommercial washing of vehicles;
m. Natural-riparian habitat or wetland flows;
n. Swimming pool draining;
o. Firefighting/training activities;
p. Any water source not containing pollutants;
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q. Discharges specified in writing by the city as being necessary to protect public health
and safety;
r. Dye testing, provided there is a verbal notification to the city prior to the time of the
test;
a
n
d
s. Any nonstormwater discharge permitted under a TPDES permit, waiver or waste
discharge order issued to the discharger and administered under the authority of the
TPDES permitting authority, provided that the discharger is in full compliance with all
requirements of the permit, waiver or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge to the storm
drain system.
(2) Prohibition of illicit connections. It is unlawful for a person to intentionally, knowingly,
recklessly or with criminal negligence, construct, use, maintain or allow continued
existence of an illicit connection to the MS4.
(b) Suspension of MS4
access.
(1) Suspension due to illicit discharges in emergency
situations.
a. The city public works director may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual or
threatened discharge that 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 of the
United States or as described in subsection 93-8(g).
b. If the violator fails to comply with a suspension order issued in an emergency, the
city public works director 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
the public.
(2) Suspension due to the detection of illicit discharge.
a. Any person discharging to the MS4 in violation of this chapter may have their MS4
access terminated if such termination would abate or reduce an illicit discharge.
The city public works director will notify a violator of the proposed termination of its
MS4 access. The violator may petition the city for a reconsideration and hearing (see
section 93-12).
b. It is unlawful for a person to intentionally, knowingly, recklessly or with criminal
negligence reinstate MS4 access to premises terminated pursuant to this section,
without the prior written approval of the city public works director.
(3) Specific Prohibitions of Construction Related Illicit Discharges. It is unlawful for a person to
intentionally, knowingly, recklessly or with criminal negligence, create, cause, introduce or
contribute to creating, causing or introducing any discharge that causes and/or
contributes to a violation of applicable water quality standards, a discharge or flow
composed of one or more of the following from construction sites:
a. Pollutants from equipment, vehicle and/or other wash waters;
b. Pollutants from exposed building materials, building products, construction wastes,
trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste
or other similar materials;
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c. Pollutants from spills and/or leaks;
d. Pollutants from washout wastewater, fuels, oils, soaps, solvents, and dewatering
activities;
(Ord. No. 09-51, §VII, 7-28-2009)
Sec. 93-8. -Construction stormwater management.
(a) General provisions.
(1) Construction related violations.
a. It is unlawful for a person to knowingly, intentionally, recklessly or with criminal
negligence to engage in construction not conducted in accord with the requirements of
this chapter.
b. It is unlawful for a person to knowingly, intentionally, recklessly or with criminal
negligence to engage in construction not initiated or terminated within the time frame
authorized by the city public works director by notice, permit or license when such
authorization is required by this chapter.
c. It is unlawful for a person to knowingly, intentionally, recklessly or with criminal
negligence to not comply with requirements for timely application for a
stormwater permit, a stormwater quality plan and/or a stormwater pollution plan
(SWP3) as specified in this chapter.
(2) Pollution prevention requirements.
a. Any and all owners and/or operators of a construction site and any and all other
persons undertaking construction activities as a contractor or subcontractor at a
construction site shall use best management practices pursuant to the construction
permit to control, reduce and prevent, to the maximum extent practicable, the
discharge of pollutants to the MS4 and/or waters of the U.S.
b. The discharge of pollutants to the MS4 and/or waters of the U.S. from activities
conducted by said operator, contractor or subcontractor include, but is not limited to:
Sediment, silt, earth, soil, dirt, sand and gravel; lime, liquids, solids and semi-
solids used for soil treatment, preparation, or amendment; concrete, slurries, grout,
tar and asphalt; construction vehicle and/or equipment cleaning wash waters;
construction vehicle cleaning and wash waters; construction vehicle maintenance fluids
such as hydraulic fluids, lubricants, fuels, brake fluids and coolants; hazardous
or extremely hazardous materials; materials resulting from repair, renovation or
demolition such as concrete, reinforcing bar, steel, wire, tar paper, roofing materials,
sheet rock, plaster, wood, cellar dirt and carpeting; residual and surplus construction
materials; paint, paint thinner, paint equipment cleaner and wastewater from the
cleaning of painting equipment and supplies; waste construction material packaging
and containers; and construction trash, debris and waste, building materials, building
products, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary
waste, washout waters, spills, leaks, solvents, and dewatering activities.
(3) Stop work order(SWO).
a. Whenever the city public works director determines that the operation of a construction
site has violated, or continues to violate, any provision of this chapter, or any order
issued hereunder, as it may pertain to the operation of the construction site, the city
public works director may order that a SWO be issued.
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b. When a SWO is issued, it shall be issued to the operator of the construction site for
which construction is to stop, be posted at the site, and distributed to all city
departments and divisions whose decisions affect any activity at the site.
c. Unless express written exception is made by the city public works director, the SWO
shall prohibit any and all further construction activity at the site, and shall bar any
further inspection or approval by the city of any work associated with a building permit,
stormwater permit, or any other city approval necessary to commence construction or
to assume occupancy at the site.
d. Issuance of a SWO shall not be a bar against, or a prerequisite for, taking any other
action against the construction site operator.
(b) Construction site.
(1) Site limits. A construction site is the location and all the areas wherein construction
activity, which is all or part of a common development or project, are occurring, proposed to
occur, or have occurred, irrespective of whether that construction is in compliance with this
chapter, irrespective of whether that construction activity is ongoing or temporarily
suspended for any purpose, and irrespective of whether the city public works director has
granted authorization to undertake the construction activity. For purposes of this chapter, a
construction site shall encompass:
a. All land and surface water areas where the construction activities of any type,
including all areas of land surface disturbed by or as a consequence of the
construction activities or other activities in support of the construction activities, are
undertaken as part of a common plan of development or project;
b. All areas of land to be disturbed by construction of a common plan of
development or project, irrespective of whether such construction is undertaken or
planned to be undertaken in one phase or stage or different phases or stages and
irrespective of whether such construction is undertaken or planned to be undertaken at
different, separate or simultaneous times;
c. All areas of land where the land is to be disturbed by construction of a common
plan of development or project, irrespective of whether untaken at contiguous
or separate locations within the general area encompassed by the common plan of
development or project, provided such boundary lies on or is within the boundary of
property collectively owned or leased by one or more parties undertaking any or all of
the construction activities; and
d. All areas of ongoing, temporarily suspended, yet-to-be undertaken, and
completed construction encompassing the totality of the construction activities,
irrespective of whether any or all the construction activities are within compliance with
this chapter.
(2) Redefining of construction site limits. The city public works director shall have the
right to redefine, for purposes of compliance with this chapter, the limits of a construction
site in extent and amount necessary and sufficient in the judgment of the city public works
director to prevent the actual or potential discharge of pollutants from the construction site
to the MS4 or waters of the U.S. to the maximum extent practicable, provided the limits so
defined lies on or within the boundary of property collectively owned or leased by one or
more operators undertaking any or all of the construction activities at the site.
(3) Cessation of construction site. A construction site shall, for the purposes of this chapter,
cease to be a construction site only at such time that all requirements for closure of the
construction site as specified by this chapter have been met.
(c) Operators and applicants.
(1) Operator responsibility. A construction operator shall be fully responsible for compliance
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with all requirements of this chapter for construction activities, as may be applicable to the
type of construction activities being conducted, proposed to be conducted, or that have
been conducted by the operator at a construction site, including, but not limited to, making
application for a stormwater permit, preparing a stormwater quality plan, and performing
closure of the construction site.
a. Change in operator. In the event that the operator of the construction site changes, all
or in part, any and all stormwater permits, and stormwater quality plans for
construction yet to be completed must name the new and continuing operators'
names. Any permits, plans or notices that have been issued or approved by the city for
the construction to the original operator(s) must be re-issued or re-approved, as
appropriate, with the name(s) of the new operator(s) in the same manner as the
original operator, such re-issuance or re-approval being obtained no later than ten
working days after such change.
(2) Applicant. For the purpose of any applications for construction activities that may be
required by this chapter, an applicant is the person or persons making such application and
is:
a. An operator at the property upon which construction is proposed or is taking place.
(3) Division of responsibility. In the event the operator of a construction site is more than one
legal entity, the applicant/permittee shall be responsible and held liable for complying with
the stormwater permit.
(d) Construction activities.
(1) Types of construction activities. Construction activities are those activities which
result in exposure of raw soil on a temporary or permanent basis and may include, but are
not necessarily limited to, one or more of the following activities or practices when such
activities are done for the purpose(s) of:
a. Smoothing;
b. Clearing;
c. Removing trees and vegetation;
d. Configuring or shaping the land surface or subsurface;
e. Modifying drainage, drainage patterns, drainage conveyances or drainage facilities;
f. Removing, destroying or demolishing existing structures, surfaces or facilities;
g. Preparing the land for construction of roads, highways, curbs, gutters, drainage
devices, vehicle parking, buildings, structures, walls, roofs, floors, pads, foundations,
tanks, basements, pipes or utilities.
(2) Construction
conduct.
a. Any construction at a construction site shall be performed so as to reduce, to the
maximum extent practicable, the discharge of sediments and other pollutants from the
construction site.
b. An owner and/or operator of a construction site shall maintain on-site and make
available for inspection by the city public works director any notice permit or license for
construction, and any pollution control plan that may be required by this chapter or
other state or federal regulation.
c. Application for a stormwater permit shall be submitted to the city public works director at
least ten working days prior to beginning construction activities of any type, including
clearing and leveling activities, for any construction site for which construction activities at
the site will disturb in total one acre or more of land surface area.
Port Arthur,Texas, Code of Ordinances Page 12
PART II -CODE OF ORDINANCES
Chapter 93 -STORMWATER QUALITY
coverage will automatically terminate two years after the permit issuance date. If continued
permit is needed beyond the termination or expiration date, a new permit must be issued.
(5) Inactive construction sites. A construction site for which active and ongoing on-site construction
activities have halted for a period of 14 continuous calendar days and for which proper closure
actions as required by this chapter have not been conducted, shall be considered in violation of
this chapter, unless the construction site owner and/or operator has demonstrated to the
satisfaction of the city public works director that:
a. Such lack of active and ongoing on-site construction activity is a result of only temporary
suspension of activities; and
b. Site conditions are and will be maintained in a condition satisfactory to prevent the
discharge of pollutants to the city's MS4 or waters of the U.S. to the maximum extent
possible during the period of temporary suspension of construction activities.
(e) Stormwater permit.
(1) General provisions.
a. A stormwater permit authorizes a construction owner and/or operator to conduct
construction activities. Obtaining a stormwater permit does not relieve an owner and/or
operator of complying to any and all applicable requirements of this chapter exclusive of
those dealing with construction.
b. A stormwater permit shall be obtained prior to the start of any construction activity at a site
by application to the city public works director by the owner and/or operator of the
construction site at which construction occurs or is proposed, such application providing
such information the city public works director may require.
c. Application for a stormwater permit shall require the submission of a stormwater quality
plan developed in accordance with the guidance document to the city public works director
for review, such plan shall provide information that will reduce the discharge of pollutants
from the site to the maximum extent practicable.
d. The stormwater permit must be obtained from the city public works director at least two
working days prior to commencement of construction. Only that construction activity which
is described in the stormwater permit can be undertaken.
e. The stormwater permit shall be posted at the construction site, and no construction activity
can occur prior to the date of commencement, or after the date of termination, authorized
by the stormwater permit.
f. Construction must be started no later than 180 calendar days after the issuance of the
stormwater permit. Failure to begin construction within the specified time frame will render
the stormwater permit void.
g. Application for a change in the date of commencement of construction or the date of
termination of construction specified in a stormwater permit, must be made at least two
working days prior to: (1) the date of the proposed change for commencement; and/or (2)
the date of the originally specified termination date or latest previously approved date of
extension.
h. If for any reason the stormwater permit is suspended, revoked, terminated or voided,
construction activity at the site shall immediately cease.
(2) Contents of a stormwater permit.
a. Address or other description of location of the construction site;
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PART II -CODE OF ORDINANCES
Chapter 93 -STORMWATER QUALITY
d. A stormwater permit, issued by the city public works director prior to commencement of
construction activities, shall be obtained for any construction site for which construction
activities at the site will disturb in total one acre or more of land surface area or is part of a
common plan of development that disturbs one or more acres of land.
e. A stormwater quality plan shall be submitted to, and approved by, the city public works
director prior to commencement of any construction activity at a construction site for which
a stormwater permit is required.
f. The city public works director shall require that a construction site of any size conform to
any and all conditions of this chapter for construction activities if the city public works
director determines that such requirements are necessary to prevent a significant
discharge of pollutants to the city's MS4 or waters of the U.S., or are necessary because of
imminent harm to the public or the environment.
(3) Closure and final stabilization of construction site.
a. Closure activities. Construction activities at a site, for the purposes of this chapter, shall not
be complete until proper closure of the site has been accomplished. Until such time proper
closure has been achieved, the operator of the site is subject to all applicable requirements
for conduct and completion of construction activities at the construction site. Any operator
of a construction site shall complete all construction activities at a construction site in
compliance with the requirements of this chapter for proper closure.
b. Proper closure. Proper closure includes, but is not limited to, the following:
1. Final stabilization of the site;
2. Removal of all construction surplus and residual materials, supplies, packaging,
drums, cans and containers;
3. Removal of all surplus and residual soaps, cleaners, pastes, mastics, solvents,
materials for soil amendment or preparation and similar construction materials;
4. Removal of all excess, surplus and unused construction vehicle maintenance fluids,
including lubricants, fuels, brake fluids and coolants;
5. Removal of all wastes, trash and debris;
6. Removal of any waste bins, enclosures, drums or similar containers which are not
intended to serve as permanent waste storage containers at the site;
7. Removal of all temporary stormwater pollution control devices, structures and
materials;
8. If not intended for removal in city-approved plans or specifications for the site, and to
the extent a construction operator or their activities are responsible for the damage or
loss of function or capacity of stormwater conveyances and appurtenances:
i. Repair or replacement of damaged stormwater conveyances and appurtenances;
ii. Repair or replacement of damaged drainage works and facilities; and
iii. Restoration of proper function and capacity of stormwater conveyances.
(4) Permit termination and expiration. A construction sites permit is terminated automatically when
all of the requirements listed under proper closure section of this chapter is met. Permit
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Chapter 93- STORMWATER QUALITY
b. Name and address of the construction site owner and/or operator, either property owner or
lessee, and name and address of general construction contractor, if different from property
owner or lessee;
c. Name, address and business telephone number of the construction site owner and/or
operator's on-site representative;
d. Earliest date of commencement of construction activity;
e. Proposed dates of termination of construction activity, completion of final stabilization
activities and closure of the site;
f. Practices to be employed for site stabilization during the course of the construction;
g. Description of means by which the site is to be stabilized during suspension of construction
activity for periods of 14 or more days and permanently stabilized by the time of completion
of construction activities;
h. Any other information the city public works director may deem necessary, whether or not
required of any other owner and/or operator making application for a stormwater permit;
and
i. Certification by the applicant for the stormwater permit that the information provided on the
stormwater permit application is true and accurate.
(3) Amendment to stormwater permit.
a. Application for amendment to a stormwater permit can be made at any time ten or more
working days prior to the time identified in the stormwater permit for completion of
construction activities, provided the person(s) making application is not in violation of this
chapter.
b. If the application for amendment to a stormwater permit requires a change in the
stormwater quality plan in order for the stormwater quality plan to remain true and accurate
should construction be undertaken in accordance with the amendment, an appropriately
modified stormwater quality plan shall also be provided at the time of application for
amendment to the city public works director.
(4) Late filing of amendment to a stormwater permit.
a. If application for amendment to a stormwater permit is made less than ten working days
prior to the time for which the activities or conditions described by the amendment are to
occur, exist or come about, and such activities or conditions are not authorized by the
stormwater permit prior to application for amendment, the application shall be deemed to
be a late filing of stormwater permit amendment.
b. A late filing of stormwater permit amendment shall meet all the same conditions and
requirements as application submitted more than ten working days prior to the time for
which the activities or conditions described by the amendment are to occur, exist or come
about, and include other such information the city public works director may require.
c. Construction to be undertaken in accord with a late filing of stormwater permit amendment
shall not be undertaken until such amendment is approved by the city public works
director.
d. Approval by the city public works director of a late filing of stormwater permit amendment
or payment of any fees for such filing shall not relieve the applicant from any or all
administrative enforcement remedies, judicial enforcement remedies, enforcement actions
or other remedies allowed by this chapter.
(5) Exemptions. Exemptions from requirements for a stormwater permit and stormwater quality plan
shall apply for the following situations or conditions:
Port Arthur,Texas, Code of Ordinances Page 15
a. The construction activity undertaken for the sole purpose of yard maintenance,
landscaping, gardening or other short-term minor ground disturbance activities not
normally associated with construction and not requiring a building permit. This exemption
does not cover landscaping or other stabilization activities required to properly close a
permitted construction site.
b. The city public works director determines the construction is necessary on an emergency
basis because of imminent harm or endangerment to the public or environment, in which
case the construction may by continued only so long as such imminent harm or
endangerment or threat of harm or endangerment exists.
c. The city public works director may provide a waiver to the requirement for a stormwater
permit upon the request of the owner and/or operator seeking such waiver. The waiver is to
be provided only if the construction for which waiver is sought is demonstrated to the
satisfaction of the city public works director to meet all of the following conditions:
1. Will not contribute to a violation of this chapter or any permit or license the city may
hold to discharge stormwater;
2. The construction activity is of such size, extent, magnitude or location as to neither
allow, cause or have potential to cause, a significant discharge of sediments or other
pollutants to the city's MS4 or waters of the U.S.;
3. There is a compelling public interest for issuance of a waiver; and
4. It is in the general interest of the health and safety of people in the city or protection of
the environment that such waiver be provided, such interest not to be based upon
cost or economic considerations as they may apply to or affect the owner and/or
operator seeking waiver of the permit.
(f) Stormwater quality plan. A stormwater quality plan is required for a city stormwater quality permit.
The stormwater quality plan shall be prepared in accordance the guidance document and good
pollution control practices. The plan must be prepared and/or approved by professional engineer or a
certified professional in erosion and sediment control.
(1) The main objective of the plan is to identify potential sources of pollution, including sediment,
which may reasonably be expected to affect the quality of stormwater discharges associated
with construction and development. The plan must describe the implementation of best
management practices (BMPs), which will be used to reduce the pollutants in stormwater
discharges associated with construction and post-development runoff.
(2) Stormwater quality plans shall be retained on-site during the course of construction and shall be
available for inspection by the city upon request.
(3) Contents of stormwater quality plan.
a. Site description.
1. A description of the construction activity;
2. A copy of any development plans;
3. A proposed construction schedule;
4. Total area of the site, and total disturbed area, including off-site staging/storage areas;
5. An estimate of the runoff coefficient before and after construction activities are
completed, and existing data describing the soil and soil erosion potential;
6. A description of the existing vegetation at the site, including coverage;
7. The location of other sources of pollution, such as vehicle fueling, storage of
chemicals, concrete washout areas, etc.; and
Port Arthur,Texas, Code of Ordinances Page 16
8. The name of the receiving water(s) and description of any outfalls (size, type and
location), if the discharge is to a MS4, the name of the system, the location of the
storm sewer discharge and the ultimate receiving water(s).
b. Best management practices (BMPs). The plan shall indicate locations for and descriptions of
control measures that will be used. The plan should clearly describe the implementation of BMPs
relevant to each phase of site development such as:
1. Before clearing and grading activities begin;
2. During all phases of construction; and
3. Post-construction/post development. c.
Control measures.
1. Construction phase. Construction phase control measures to be described in the
stormwater quality plan may include, but are not limited to the following:
i. Temporary sediment control measures:
A. Silt fence.
B. Sand bag berms. C.
Hay bales.
D. Check dams.
E. Interceptor swales/dikes.
ii. Temporary stabilization measures:
A. Temporary seeding.
B. Erosion control blankets/matting. C.
Mulch/compost.
D. Temporary sodding.
iii. Final stabilization measures:
A. Permanent seeding. B.
Permanent sodding. C.
Impervious surfaces.
2. Post-construction phase. Post-construction phase control measures must be
incorporated into the stormwater quality plan where necessary to preserve pre-development
hydrologic regimes. Post-construction phase control measures to be described in the
stormwater quality plan may include, but are not limited to the following:
i. Velocity dissipation measures.
A. On-site:
1) Vegetated swales.
2) Check dams.
3) Vegetated filter strips.
4) Level spreaders
5) Velocity dissipation structures
Port Arthur,Texas, Code of Ordinances Page 17
B. Off-site:
1) Surrounding local topography.
2) Concrete-lined drainage channels. ii.
Pre-development peak flow preservation.
A. On-site:
1) Detention basins/ponds.
2) Constructed wetlands.
3) Bio-retention.
4) Wet basins. B.
Off-site:
1) Off-site or regional detention
2) Low velocity drainage channels
3) In-Line Detention
4) Outfall pump systems
iii. Low impact development standards. For construction sites located within watersheds
that are considered to be impaired by the Texas Commission for Environmental
Quality, or in buffer zones designated by the city, the owner and/or operator of
the site, may be required, at the discretion of the city public works director, to utilize
low impact development standards that include, but are not limited to:
A. Minimization of the width or size of:
1) Roads/streets;
2) Sidewalks;
3) Cul-de-sacs;
4) Parking lots.
B. Open-space design. C.
Urban forestry.
D. Roof drainage control.
iv. Non Structural Controls
A. Adequate litter trash services/receptacles
B. Street/Parking lot sweeping/cleaning as necessary
v. Guidance documents for developers. The city will make available, upon request, a
post-construction control measures guidance and low-impact development standards
guidance for owners and/or operators, i.e. developers, of new and redevelopment
projects.
d. Commitment of long-term maintenance of on-site, post-construction control measures. For new
and significant redevelopment projects that are determined by the city to require on- site control,
post-construction control measures such as detention ponds, constructed wetlands, bio-retention
systems, or the like, the developer shall be required to make a long-term commitment to the
Port Arthur,Texas, Code of Ordinances Page 18
city for maintenance of the said control measure(s).
1. An affidavit (supplied by the city), signed by the developer, or the person or persons who
will be responsible for the maintenance of the control measure(s), must be submitted to the
city public works director no later than two calendar days after the date of termination of
construction, and will serve as a legal commitment to the city. The affidavit must include
provisions for transferring responsibility to a new party in the event that the property is
sold, ownership of the property changes or the listed individual can no longer ensure
adequate long-term maintenance of the on-site post construction control measure. A copy of
the affidavit must be filed with or attached to the deed of record for the subject property.
Proof of this filing must be submitted at the time of application for a stormwater permit.
2. Once an affidavit has been submitted to the city public works director, the city public
works director may require that a maintenance bond be issued to ensure the
maintenance is performed according to the said legal commitment.
e. Good housekeeping. The plan shall include inspection and maintenance procedures during
the entire construction phase to ensure that BMPs are in good and effective operation
condition.
1. Contractor inspections.
i. A contractors inspection of the entire construction site shall be performed every
14 calendar days and following a rainfall of at least 0.5 inches or every seven
days.
ii. Complete an inspection report for each inspection performed.
iii. Inspection reports shall be retained on-site as part of the stormwater quality plan.
2. Contractor maintenance.
i. Maintenance shall be performed on applicable BMPs as soon as possible in
areas identified in the inspection reports.
ii. Maintenance shall be performed in accordance with manufacturer's specifications
or other sources determined by the city public works director to be acceptable.
f. Revisions to storm water quality plan.
1. The stormwater quality plan shall accurately reflect site conditions and the
construction activities proposed to be undertaken. Revisions necessary to maintain an
accurate and up-to-date stormwater quality plan shall be made in a timely fashion but
in no case later than ten working days after the occurrence of conditions or activities
requiring such revisions.
2. If the conditions or activities described by a stormwater quality plan revision will result
in an increase in the actual or potential discharge of pollutants from the site, such
revision must be approved by the city public works director prior to implementation of
the proposed revision at least ten working days prior to the implementation of
activities described by the revision.
3. The city public works director shall have ten working days to approve or reject a
revision to a stormwater quality plan after submittal of a proposed revision. If the city
public works director does not issue an approval or rejection of the revision within ten
working days, the revision(s) shall be assumed to be not approved.
(g) Storm water pollution prevention plan (SWP3).
(1) For a construction site that is five or more acres and that is required by state or federal
regulation to have an SWP3, the SWP3 shall be prepared in accordance with applicable state
and federal regulations.
(2) For a construction site that is one or more acres but less than five acres and that is required by
Port Arthur,Texas, Code of Ordinances Page 19
state or federal regulation to have an SWP3, the SWP3 shall be prepared in accordance with
applicable state and federal regulations.
(3) Any stormwater pollution prevention plan required by federal or state regulation shall be
retained on-site during all phases of construction and made available to inspection by the city
upon request. Failure to produce such required SWP3s shall be grounds for issuance of a
SWO.
(4) The city public works director shall request and receive at the time of, or after application for a
stormwater permit, a copy of any SWP3 required by federal or state regulation for discharge of
stormwaters from a construction site. Failure to provide such requested pollution control plan
within ten days of request shall be grounds for a SWO.
(5) The city public works director may require additional information, plans, or specifications are
provided in an SWP3 for a construction site if the city public works director determines such
additional information, plans, or specifications are necessary to prevent the discharge of
pollutants to the MS4 or waters of the U.S.
(Ord. No. 09-51, §VIII, 7-28-2009)
Sec. 93-9. - Notification of spills.
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 stormwater, the storm drain system, or waters of the U.S., said person shall take all
necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a
release of hazardous materials, said person shall immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said
person shall notify the city public works director in person or by phone or facsimile no later than the next
working day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed
to the city public works director within three working days of the phone notice. 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 action taken to
prevent its recurrence. Such records shall be retained for at least eight years.
(Ord. No. 09-51, § IX, 7-28-2009)
Sec. 93-10. - Citizen reports of violations.
(a) Report by any person. Any person shall have the right to report to the city public works director or an
office designated by the city public works director, any spill, release, illicit connection or other instance
of anyone (as may be identified by name, title, employing company, legal identity, commonplace name
or other description) discharging into the MS4 or waters of the United States, and any other violation
of this chapter of which the person becomes aware.
(b) Action upon report. The city public works director or a designated city office shall receive all such
reports by telephone, electronic mail transmission, in writing or in person. A written or electronic
record of each such report will be maintained and kept on file for a period of at least eight years by the
city, and a copy of the city's record of the report will be furnished to the reporting person upon request
at no charge. Also upon request, the city public works director will inform the person making such
report of any action undertaken by the city in response to such report.
(Ord. No. 09-51, §X, 7-28-2009)
Port Arthur,Texas, Code of Ordinances Page 20
Sec. 93-11. - Enforcement.
(a) Warning notices.
(1) When the city public works director finds that any person has violated, or continues to violate, any
provision of this chapter, or any other order issued hereunder, the city public works director may
serve upon that person a written warning notice specifying the particular violation determined to
have occurred and requesting the violator to immediately investigate the violation and initiate
preventative or corrective actions to stop the conditions causing, contributing to or resulting in the
violation.
(2) Investigation or resolution of the matter in response to the warning notice in no way relieves the
alleged violator of liability for any violations occurring before or after receipt of the warning notice.
(3) Nothing in this subsection shall limit the authority of the city public works director to take any
action, including emergency action or any other enforcement action, prior to issuing a warning
notice.
(b) Notification of violation (NOV).
(1) When the city public works director finds that any person has violated, or continues to violate, any
provision of this chapter, or any order issued hereunder, the city public works director may serve
upon that person a written NOV. Within ten calendar days of the receipt of such notice, an
explanation of the violation and a plan for the satisfactory correction and prevention of recurrence
thereof, including specific required actions, shall be submitted by the alleged violator to the city
public works director. If the alleged violator denies that any violation occurred, or contends that
no corrective action is necessary, an explanation of the basis of any such denial or contention
shall be submitted to the city public works director within ten calendar days of receipt of the
notice.
(2) Submission of an explanation or plan in no way relieves the alleged violator of liability for any
violations of this chapter or any state or federal regulation occurring before or after receipt of the
NOV.
(3) Nothing in this section shall limit the authority of the city public works director to take any action,
including emergency action or any other enforcement action, without first issuing a NOV.
(c) Show cause hearing. The city public works director may order any person who has violated, or
continues to violate, any provision of this chapter, or any order issued hereunder, to appear before
the zoning board of appeals and show cause why a proposed enforcement action should not be
taken. Notice shall be served on the alleged violator specifying the time and place for the hearing,
the proposed enforcement action, the reasons for such action and a request that the alleged violator
show cause why the proposed enforcement action should not be taken. The notice of the hearing shall
be served personally or by registered or certified mail (return receipt requested) at least ten
calendar days prior to the hearing. Such notice may be served on any representative of the alleged
violator. The hearing shall be conducted pursuant to the rights and procedures specified in this
chapter.
(d) Remediation, abatement and restoration orders.
(1) When the city public works director finds that any person has violated, or continues to violate, any
provision of this chapter, or any order issued hereunder, and the city public works director has
reasonable evidence to suspect that such a violation has adversely affected the MS4 or
waters of the U.S., the city public works director may issue a remediation, abatement and
restoration order to the violator directing said violator to undertake and implement any
appropriate action the city public works director may designate to remediate or abate any adverse
effects of the violation upon the MS4, and to restore any part of the MS4 within the city that has
been harmed, provided such ordered actions are limited to actions lying within city boundaries.
Such remediation, abatement and restoration actions may include, but shall not be limited to:
Port Arthur,Texas, Code of Ordinances Page 21
a. Monitoring, assessment and evaluation of the adverse effects and determination of the
appropriate remedial, abatement or restoration actions;
b. Confinement, removal, cleanup, treatment and disposal of any discharged or released
pollution or contamination;
c. Prevention, minimization or mitigation of any damage to the public health or the
environment that may result from the violation; and
d. Restoration or replacement of city property or natural resources damaged by the violation.
(2) The remediation, abatement and restoration order may direct that the remediation, abatement
or restoration be accomplished on a specified compliance schedule and be completed within a
specified period of time.
(3) The cost for preparation, implementation, construction and maintenance of any remediation,
abatement or restoration as may be ordered by the city public works director shall be borne by
the person to whom the city public works director has issued such order.
(4) An order issued under this subsection does not relieve the violator of liability for any violation,
including any continuing violation.
(5) 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.
(e) Emergency cease and desist orders.
(1) When the city public works director finds that any person has violated, or continues to violate,
any provision of this chapter, or any order issued hereunder, or that the person's past violations
are likely to recur, and that the violation(s) has caused or contributed to an actual or threatened
discharge to the MS4 or waters of the U.S. which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the environment, the city public
works director may issue an emergency cease and desist order to the violator directing said
violator to immediately cease and desist all such violations and directing the violator to:
a. Immediately comply with all ordinance requirements;
b. Terminate any discharges which the city public works director determines to present an
imminent or substantial endangerment to persons or to the environment; and
c. Take such appropriate preventative action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations, terminating the
discharge or both.
(2) Any person to which an emergency cease and desist order has been directed, shall, upon
receipt of such order, immediately take action to stop or eliminate the endangering discharge. In
the event of said person's failure to immediately comply voluntarily with said order, the city
public works director may take such action(s) as deemed necessary to prevent or minimize
harm to the MS4 or waters of the U.S. or endangerment to persons or to the environment. Such
actions may include, but are not limited to, immediate termination of water supply, sewer
connection or other municipal utility service provided to said person; any facility owned, leased
or operated all or in part by said person; or any site for which said person is all or in part an
owner or lessee.
(3) The city public works director shall allow the person to whom an emergency cease and desist
order has been issued to recommence discharges when the city public works director determines
that the period of endangerment has passed, unless further termination proceedings are initiated
against the person to whom the order was issued.
(4) A person that is responsible, in whole or in part, for any discharge presenting imminent
endangerment shall submit a written statement, in a form as may be acceptable to the city
public works director, describing the causes of the harmful discharge and measures taken or to
be taken within a timely fashion to prevent any future occurrence, to the city public works
director within 14 calendar days of receipt of the emergency order.
Port Arthur,Texas, Code of Ordinances Page 22
(5) 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.
(Ord. No. 09-51, §XI, 7-28-2009)
Sec. 93-12. - Rights to reconsiderations, hearing and appeals.
(a) Reconsideration of and hearing of petitions.
(1) Any person subject to a stop work order; a remediation, abatement and restoration order; or an
emergency cease and desist order may petition in writing the zoning board of appeals to
reconsider the basis for the order within 14 calendar days of the original post mark of the affected
person's order. The petition must be submitted to the city public works director for transmittal to
the zoning board of appeals.
(2) Failure to submit a written petition for reconsideration within 14 calendar days of the original
post mark of the affected person's order shall be deemed to be a waiver of any further right to
administrative reconsideration or review of the order.
(3) In its petition for reconsideration, 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 remediation, abatement and restoration order shall be stayed, pending the
zoning board of appeals consideration of the petition for reconsideration, and any hearing
thereon, unless the zoning board of appeals expressly makes a written determination to the
contrary. The effectiveness of any emergency cease and desist order shall not be stayed
pending the zoning board of appeals reconsideration, or any hearing thereon, unless the city
public works director or the zoning board of appeals expressly and in writing stays the
emergency cease and desist order.
(5) Within 14 calendar days of the submittal of a petition for reconsideration, the zoning board of
appeals shall either: (1) grant the petition and withdraw or modify the order accordingly; (2)
deny the petition, without 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, hold a hearing on the petition.
(6) Written notice of any hearing set by the zoning board of appeals as a result of a petition for
reconsideration shall be served on the petitioning party personally or by registered or certified
mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may
be served on any authorized representative of the petitioning party.
(7) The zoning board of appeals may conduct the hearing and take evidence, or may designate any
employee of the city or any specially-designated attorney or engineer to:
a. Issue 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 and gather evidence; and
c. Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the zoning board of appeals for action thereon.
(8) At any hearing held pursuant to a petition for reconsideration, testimony taken shall be under oath
and recorded. Any party is entitled to legal representation and may present his or her case or
defense by oral or documentary evidence and may conduct such cross-examination as may be
required for a full and true disclosure of the facts. A transcript will be made available to an y
party to the hearing upon payment of the usual charges thereof.
(9) After the zoning board of appeals has reviewed the evidence, the zoning board of appeals shall
either: (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in
part. The zoning board of appeals may modify the order giving rise to the petition for
Port Arthur,Texas, Code of Ordinances Page 23
reconsideration as may be the appropriate based upon the evidence and arguments presented at
the hearing and the zoning board of appeal's action on the petition. Further orders and directives
as are necessary and appropriate may be issued.
(b) Appeal.
(1) If a discharger or operator is penalized as a result of a stop work order; a remediation,
abatement and restoration order; or an emergency cease and desist order, such discharger or
operator may file a written appeal to the district court. The appeal must include evidence
proving that the discharger or operator did not violate this chapter. The appeal must be filed
within ten working days of the discharger or operator receiving the penalty.
(2) Failure to submit an appeal within ten working days of the discharger or operator receiving the
penalty shall be deemed to be a waiver of further administrative review.
(Ord. No. 09-51, §XII, 7-28-2009)
Sec. 93-13. -Civil and criminal penalties.
(a) Civil remedies. The city may invoke sections of the Texas Local Government Code and petition the
courts of Jefferson County, Texas, through the city attorney or his designee, for injunctive relief or
the civil penalties specified in this chapter, or both the specified injunctive relief and civil penalties.
(b) Criminal penalties.
(1) Any person who has violated any provision of this chapter, or any order issued hereunder, shall
be strictly liable for such violation and shall, upon conviction, be subject to a fine of not more than
$2,000.00 per violation, per day.
(2) Any person who has intentionally, knowingly, recklessly, or with criminal negligence 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 chapter, or any order issued
hereunder, or who has intentionally, knowingly, recklessly, or with criminal negligence falsified,
tampered with, or rendered inaccurate any monitoring device or method required under this
chapter shall, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per
day.
(c) Determination of fines. In determining the amount of any fine imposed hereunder, the municipal 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, the
knowledge, intent, negligence or other state of mind of the violator, and any other factor as justice
requires.
(d) Civil penalties. Pursuant to V.T.C.A., Texas Local Government Code § 54.017, the city may recover a
civil penalty of not more than $1,000.00 per day for each violation of any provision of this chapter, if the
city proves that:
(1) The person was actually notified of the provisions of the ordinance; and
(2) After the person received notice of the ordinance provision, the person committed acts in
violation of the ordinance or failed to take action necessary for compliance with the ordinance.
(Ord. No. 09-51, §XIII, 7-28-2009)
Sec. 93-14. - Right of entry.
Port Arthur,Texas, Code of Ordinances Page 24
The city public works director and/or their appointed representative may, where reasonable cause
exists, with or without a warrant issued by a court of competent jurisdiction, including the city's municipal
court, enter upon any property for examination of the same to ascertain whether a violation of the
requirements of this chapter and shall be exempt from any legal action or liability on account thereof.
(Ord. No. 09-51, §XIV, 7-28-2009)
Sec. 93-15. -Violators deemed public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to
exist in violation of any of the provisions of this chapter is a threat to public health, safety and welfare, and
is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense
including a possible lien on the property, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisances may be taken.
(Ord. No. 09-51, §XV, 7-28-2009)
Sec. 93-16. - Remedies not exclusive.
The remedies listed in this chapter are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the city public works director to seek
cumulative remedies.
(Ord. No. 09-51, §XVI, 7-28-2009)
Sec. 93-17. - Fees.
(a) Implementation fees. The city shall adopt fees for reimbursement of costs of implementing this
chapter, which costs may include, but not limited to the following:
(1) Fees for monitoring, inspection and surveillance procedures, including the cost of collecting and
analyzing discharges and reviewing monitoring reports submitted by dischargers;
(2) Fees for issuance of permits;
(3) Fees for review of notices and plans for construction, termination of construction and
stormwater pollution prevention control, irrespective of any acceptance or rejection of such
notices or plans by the city public works director;
(4) Fees for conduct of site inspections by the city when requested by an operator of a site or
facility, irrespective of whether such inspection is required by this chapter;
(5) Fees for site inspection by the city pursuant to determination of compliance to conditions of a
conditional notice of termination of construction;
(6) Fees for responding to spills and releases of oil, hazardous and extremely hazardous
substances and other pollutants; and
(7) Other fees as the city may deem necessary to carry out the requirements contained in this
chapter.
(b) Separation of fees. The fees described above relate solely to the matters covered by this chapter
and are separate from all other fees, fines and penalties chargeable by the city.
Port Arthur,Texas, Code of Ordinances Page 25
(c) Fee summary.
Item Minimum Incremental Amount,$
Amount,$ for each full or partial
acre of a site in excess
of 1 acre
Storm Water Permit Fees
On-time application for Storm Water Permit $45 $45
Late filing of application for Storm Water $90 $90
Permit
On-time amendment of Storm Water Permit $45 0
(with no net increase in site acreage)
On-time amendment of Storm Water Permit $45 $45
(with net increase in site acreage)-unit rate (for increase in acreage)
applies only to the increase in acreage
Late amendment of Storm Water Permit $90 0
(with no net increase in site acreage)
Late amendment of Storm Water Permit $90 $90
(with net increase in site acreage)-unit rate (for increase in acreage)
applies only to the increase in acreage
Lifting of Stop Work Order $25 $25
Other Fees
City response to spill Direct Cost+50%of Direct Cost
(Ord. No. 09-51, §XVII, 7-28-2009)
Port Arthur,Texas, Code of Ordinances Page 26