Ordinance No. 11,127ORDINANCE NO. 1 1 .127
AN ORDINANCE_ OF THE CITY COUNCIL OF THE CITY OF BAYTOWN-
TEXAS. AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI
"STORMWATER DRAITTAGE ' OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN_ TEXAS_ BY ADDING A NEW DIVISION TO BE NUMBERED
AND ENTITLED DIVISION 1 "IN GENERAL" AND PLACING SECTIONS
98 -471 THROUGH 98 -476 THEREIN: AND BY ADDING A NEW DIVISION
TO BE NUMBERED AND ENTITLED DIVISION 2 STORMWATER
MANAGEMENT": PIZOVIDiNG A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00): AND PROVIDING FOR
THE PUBLICATION AND EFFEC "I'IVE DATE THEREOF.
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WHEREAS, land development projects and associated increases in impervious cover
alter the hydrologic response of local watersheds and increase stormwater runoff rates and
volumes. flooding_ stream channel erosion, and sediment transport and deposition; and
WHEREAS, this stormwater runoff contributes to increased quantities of water -borne
pollutants: and
WIIEREAS, stormwater runoff. soil erosion and non -point source pollution can be
controlled and minimized through the regulation of stormwater runoff from development sites;
and
WHEREAS, illicit discharges to the City of Bayto,N,-n's separate storm sewer system
create water quality risks to public health. safety, and general welfare; and.
WHEREAS, illicit discharges may necessitate repair of storm sewers and ditches:.
damage to public and private property: and may damage water resources by reducing water
quality: and.
WHEREAS_ the City of Baytown has an obligation as a part of the Clean Water Act and
the Texas Pollutant Discharge Elimination System General Permit TXR 040000 for Phase II
Municipal Separate Storm Sewer System to control illicit discharges and to protect water quality
within its borders: and.
WIIEREAS, the City Council of the City- of Baytown desires to provide reasonable
guidance for the regulation of stormwater runoff for the purpose of protecting local water
resources from degradation and preventing threats to public health and safety; NOW
THEREFORE_
BE IT ORDAINED BY THE CITE' COUNCIL OF 171-IE CITY OF BAYTOWN.
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true and such recitals are hereby approved and made a part of this Ordinance for all purposes
and are adopted as a part of the judgment and findings by the City Council of the City of
Baytown, Texas.
Section 2: That the Chapter 98 -Utilities." Article VI "Stormwater Drainage" of the
Code of Ordinances. City of BaytoN n. Texas, is hereby amended to be entitled Article VI
"Stormwater."
Section 3: That the Chapter 98 "Utilities." Article VI "Stormwater" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding a new division to be
numbered and entitled Division 1 "In General" and by placing Sections 98 -471 through 98 -476
in such division.
Section 4: That Chapter 98 "Utilities." Article V1 "Stormwater," Division I "In
General," of the Code of Ordinances, City of Baytown, Texas, is hereby amended by adding a
new section to be numbered and entitled 98 -470 "Definitions," which section shall read as
follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORMWATER
DIVISION 1. IN GENERAL
See. 98 -470. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Authori_ed enforcement agency means the health department of the city.
Best management practices (BMPs) means schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the discharge of
Pollutants directly or indirectly to stormwater. receiving waters, or stormwater conveyance
systems. BN4Ps also include treatment practices, operating procedures, and practices to control
site runoff. spillage or leaks, sludge or water disposal. or drainage from raw materials storage.
Building means any structure. either temporary or permanent, having walls and a roof,
designed for the shelter of any person, animal, or property.
Channel means a natural or artificial watercourse %with a definite bed and banks that
conducts continuously or periodically flowing water.
Clean Water Act means the Federal Water Pollution Control Act or Federal Vvater
Pollution Control Act Amendments of 1972. (33 U.S.C. §§ 1251. et seg.), and any subsequent
amendments thereto.
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Clearing means any activity which removes (in whole or in part) the vegetative surface
cover.
Commencement of construction activity means the initial disturbance of soils associated
with clearing, grading, excavating activities. or other similar activities.
Construction activity means activities subject to TPDES construction permits. Such
activities include, but are not limited to, clearing and grubbing. grading. excavating, and
demolition.
Construction regulations mean those rules and regulations contained in the City of
Baytown 's Storinivater Aanagement Handbook for Construction Activities, 2009 Edition, which
are on file with the city clerk and are hereby adopted and incorporated herein for all intents and
purposes.
Construction site means a parcel of land. or a contiguous combination thereof, involved
in construction activity.
Construction site Operator - The person or persons associated with a large or small
construction activity that is either a primary or secondary operator as defined below:
Primary Operator — the person or persons associated with a large or small construction
activity that meets either of the following two criteria:
(a) the person or persons have operational control over construction plans and
specifications, including the ability to make modifications to those plans and
specifications: or
(b) the person or persons have day -to -day operational control of those activities at a
construction site that are necessary to ensure compliance with a stormwater
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 SVA'P3 or comply with other permit conditions).
Secondary Operator — The person whose operational control is limited to the
employment of other operators or to the ability to approve or disapprove changes to plans
and specifications. A secondary operator is also defined as a primary operator and must
comply with the permit requirements for primary operators if there are no other operators
at the construction site.
Detention means the temporary storage of storm runoff in a stormwater management
device with the goals of controlling peak discharge rates and providing gravity settling of
pollutants.
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Detention basin means a detention facility or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and gradual release of stored
water at controlled rates.
Director means the city's director of health.
Drainage easement means a legal right granted by a landowner to a grantee allowing the
use of private land for stormwater management purposes.
EPA means U.S. Environmental Protection Agency.
Erosion control means measures that prevent erosion.
Facility or Activity — For the purpose of this permit. a construction site or construction
support activity that is regulated under this general permit, including all contiguous land and
fixtures (e.g., ponds and materials stockpiles), structures, or appurtances used at a construction
site or industrial site described by this general permit.
met:
Final Stabili_ation - A construction site status where any of the following conditions are
(a) All soil disturbing activities at the site have been completed and a uniform (i.e.,
evenly distributed, without large bare areas) perennial vegetative cover with a
density of at least 70% of the native background vegetative cover for the area has
been established on all unpaved areas and areas not covered by permanent
structures. or equivalent permanent stabilization measures (such as the use of
riprap. gabions. or geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a)
above: or
(2) the homebuilder establishing temporary stabilization for an individual lot
prior to the time of transfer of the ownership of the home to the buyer and
after informing the homeowner of the need for. and benefits of, final
stabilization. If temporary stabilization is not feasible, then the
homebuilder may fulfill this requirement by retaining perimeter controls
or other best management practices. and informing the homeowner of the
need for removal of temporary controls and the establishment of final
stabilization.
(c) For construction activities on land used for agricultural purposes (e.g., pipelines
across crop or range land). final stabilization may be accomplished by returning
the disturbed land to its preconstruction agricultural use. Areas disturbed that
were not previously used for agricultural activities. such as buffer strips
immediately adjacent to surface water and areas that are not being returned to
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their preeonstruction agricultural use must meet the final stabilization conditions
of condition (a) above.
(d) In arid, semi -arid. and drought- stricken areas only, all soil disturbing activities at
the site have been completed and both of the following criteria have been met:
(1) Temporary erosion control measures (e.g., degradable rolled erosion
control product) are selected. designed, and installed along with an
appropriate seed base to provide erosion control for at least three years
without active maintenance by the operator. and
(2) The temporary erosion control measures are selected, designed, and
installed to achieve 70 percent vegetative coverage within three years.
Grading means excavating or filling with material to level uneven land.
Hazardous materials means any material, including any substance, waste, or combination
thereof. which because of its quantity, concentration, or physical. chemical, or infectious
characteristics may cause, or significantly contribute to. a substantial present or potential hazard
to human health. safety, property, or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
Illicit discharge means any direct or indirect non - stormwater discharge to the stormwater
system. except as exempted in this code.
Impervious surface means an area composed of any material that impedes or prevents
natural infiltration of water into the soil. Impervious area shall include, but is not limited to,
roofs, decks, patios, sidewalks, parking areas. tennis courts, concrete or asphalt streets, crushed
stone and gravel surfaces.
Infiltration means the process of percolating stormwater into the subsoil.
Land disturbance activity means any activity which changes the volume or peak flow
discharge rate of rainfall runoff from the land surface. This may include the grading, digging,
cutting, scraping. or excavating of soil, placement of fill materials, paving, construction,
substantial removal of vegetation, or any activity which bares soil or rock or involves the
diversion or piping of any natural or man -made watercourse.
Landowner means the legal or beneficial owner of land, including those holding the right
to purchase or lease the land, or any other person holding proprietary rights in the land.
Maximum extent practicable means implementing, continuously evaluating, and making
corresponding changes to a variety of technically and economically feasible BMPs that ensure
the most appropriate controls are implemented in the most effective manner.
Municipal Separate Storm .Sewer System or AlfS4 means a separate storm sewer system
owned or operated by a state, city, town. county. district, association, or other public body
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(created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial
wastes, stormwater. or other wastes, including special districts under state law such as a sewer
district, flood control or drainage district. or similar entity. or an Indian tribe or an authorized
Indian tribal organization.
Non point source pollution means pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be limited to,
pollutants from agricultural, construction, subsurface disposal and urban runoff sources.
Non - stormwater discharge means any discharge to the stormwater system that is not
composed entirely of stormwater.
Notice of intent or NOI shall mean a notice of intent that is required by the TPDES
General Permit No. TXR050000. the EPA NPDES General Permit for Storm Water Discharges
From Construction Activities in Region 6, or any similar general permit to discharge stormwater
associated with industrial or construction activity that is issued by the EPA or TCEQ.
Notice of termination or NOT shall mean the notice of termination that is required by the
TPDES General Permit No. TXR050000. the EPA NPDES General Permit for Storm Water
Discharges From Construction Activities in Region 6, or any similar general permit to discharge
stormwater associated with industrial or construction activity that is issued by the EPA or TCEQ.
NOV means written notice of Oolation.
NPDES means the National Pollutant Discharge Elimination System.
Perimeter control means a barrier that prevents sediment from leaving a site either by
filtering sediment -laden runoff, or diverting it to a sediment trap or basin.
Permittee means permit holding authority or responsible party.
Pollutant - Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, filter backwash, munitions. chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment. rock, sand, cellar dirt, and industrial, municipal, and
agricultural waste discharged into any surface water in the state. The term "pollutant" does not
include tail water or runoff water from irrigation or rainwater runoff from cultivated or
uncultivated rangeland, pastureland, and farmland. For the purpose of this permit, the term
"pollutant" includes sediment.
Premises means any building, lot. parcel of land. or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Recei►,ing water means a body of water such as a bayou. stream, river, lake, bay or ocean,
which receives stormwater and /or wastewater.
Residential property means real estate on which is located a single family living unit. The
term expressly excludes:
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(1) Real estate improved with two or more single - family living units;
(2) A multifamily complex;
(3) A mobile home or manufactured home park;
(4) A recreational vehicle park: and
(5) Real estate used primarily for commercial purposes.
Responsible party means a business entity, franchised utility company, developer,
property owner. contractor, or holder of a city building permit or stormwater permit.
Sediment control means measures that prevent eroded sediment from leaving the site.
Single-family living unit means a unified combination of rooms that is designed for
residential use by one family and that contains kitchen and bathroom facilities.
Single-family Iii -ing unit equivalent means the impervious surface area of a
nonresidential property which corresponds to the impervious surface area of a residential
property, which for purposes of this article is 1.979 square feet. Any partial single - family living
unit equivalent is counted as one.
Stabilization means the use of practices that prevent exposed soil from eroding.
Stop work order means an order issued which requires that all construction activity on a
site be stopped.
Stornnvater means any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
Stormwater conveyance system means any part of the city's system of conveyances,
including roads with drainage systems, streets. catch basins, curbs, gutters, ditches, constructed
channels or storm drains, which is designed or used for collecting or conveying stormwater.
Stormtinater management means the use of structural or non - structural practices that are
designed to reduce stormwater runoff pollutant loads. discharge volumes, peak flow discharge
rates and detrimental changes in stream temperature that affect water quality and habitat.
Stormwater permit means a permit issued by the city for construction activity to ensure
the control of erosion, runoff and grading.
Stormwater Pollution Prevention Plan or SIVPPP or SWPj 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 stormwater, stormwater conveyance systems, and/or receiving
waters to the maximum extent practicable.
Stormla,ater (or Stormwater Runofj) - Rainfall runoff, snow melt runoff. and surface
runoff and drainage.
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Stormwater system means the system or network of storm and surface water management
facilities managed and maintained by the city including but not limited to inlets, conduits,
manholes. channels, ditches, drainage easements, retention and detention basin, infiltration
facilities and other components as well as all natural waterways.
SJVOMP means Storm Water Quality Management Plan.
agency.
TCEO means the "texas Commission on Environmental Quality or such successor
TPDES means the Texas Pollutant Discharge Elimination System.
iVasteu,ater means any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
iatercourse means any body of water, including. but not limited to lakes, ponds, rivers,
streams, and bodies of water which are delineated by the city.
Waterway means a channel that directs surface runoff to a watercourse, or to the public
storm drain system.
Wholly szrfftcient and privately owned drainage system means land owned and operated
by a person other than the city's drainage utility system and which does not discharge into a
creek, river, slough, culvert, or other channel that is part of a city's drainage utility system.
Section 5: That Chapter 98 "Utilities," Article VI "Stonnwater," Division 1 "In
General," Section 98 -473 of the Code of Ordinances. City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STOR \IWATER
DIVISION 1. IN GENERAL
Sec. 98 -473. Municipal drainage utility system charges.
(a) Fee. The following schedule of drainage charges is hereby levied against all real
property lying within the city:
(1) Resident icrl property.
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(2) Monresiclentiul properly.
Number of Single- Fa in HN, Living
Unit EqUivallents
Less than 5
$ 1.71
6 to 10
5.13
11 to 15
8.56
16 to 20
11.98
21 to 25
15.40
26 to 30
18.83
31 to 35
22225
36 to 40
25.67
41 to 45
29.10
46 to 50
32.52
51 to 60
37.66
61 to 70
44.50
71 to 80
51.35
81 to 90
58.20
91 to 100
65.04
101 to 150
85.58
151 to 250
136.93
Over 250
205.40
(b) Exemptions. The following are exempt from the payment of the municipal drainage
utility system charges:
(1) A state agency, a public institution of higher education. and the city:
(2) Property with proper construction and maintenance of a wholly sufficient and
privately o,,N-ned drainage system:
(3) Property held and maintained in its natural state, until such time that the property
is developed and all of the public infrastructure constructed has been accepted by
the city for maintenance: and
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(4) A subdivided lot. until a structure has been built on the lot and a certificate of
occupancy has been issued by the city.
The determination of whether a person or property is exempt from this article shall be
made by the director of health.
(c) Billings and collection. All billings. credits, rules and other procedures relating to this
charge shall be subject to the provisions of V.T.C.A., Local Government Code, §
402.041. et seq.. and shall specifically include the following:
(1) There shall be a charge on each monthly utility statement for the municipal
drainage utility system pursuant to this article and as authorized herein. The
director of health is authorized to collect such charges in a manner consistent with
state law. The drainage fee will be a separate line item on the utility statement and
shall be clearly identified as a separate charge.
(2) Except as otherwise provided herein. billing. charges. penalties and collection
procedures shall be consistent with that of the water and sewer services. Water
and/or sewer services may be disconnected for failure to pay any or all of the
drainage system utility charges.
(3) The director may. from time to time. adopt rules for the administration of the
drainage charge.
(d) Appeals.
(1) The following matters may be appealed to the construction board of adjustments
and appeals:
a. Residential property billing can be appealed when the owner can offer
proof that the property is unimproved and therefore not subject to the
municipal drainage utility fee.
b. Nonresidential property billing can be appealed when the owner can offer
proof that an error was made with regard to the category of land
development. that the land is unimproved, or the amount of
imperviousness of the land development.
The construction board of adjustments and appeals shall render a written decision
on such appeals within a reasonable period of time after receiving a written notice
of appeal from the landowner.
(2) Decisions to terminate any customer's water and/or sewer service may be
appealed in accordance with subsection 98- 62(1)(5).
(e) Remedies. Violations of this article. including failure to pay. are declared to be civil in
nature, which may be enjoined by civil proceedings in state court, remedied as allowed
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by Subchapter C of Chapter 402 of V.T.C.A., Local Government Code, including
termination of water and/or wastewater services in accordance with subsection 98 -62(i)
of this Code.
Section 6: That Chapter 98 "Utilities," Article VI "Stormwater" of the Code of
Ordinances. City of Baytown, Texas, is hereby amended by adding a new division to be
numbered and entitled Division 2 "Stormwater Management,' which division shall read as
follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORNIWATER
DIVISION 2. STORNIWATER MANAGEMENT
Subdivision 1. In General
Secs. 98 -530 -- 98 -539. Reserved.
Subdivision 2. Illicit Discharge Detection and Control
Secs. 98 -540 -- 98 -549. Reserved.
Subdivision 3. Storm,%vater Discharges Associated with Construction Activity
Sec. 98 -550. Purpose.
(a) During the construction process, soil becomes the most vulnerable to erosion by wind and
water. This eroded soil endangers water resources by reducing water quality, and silting
the aquatic habitat for fish and other desirable species. Eroded soil also necessitates
repair of sewers and ditches, and the dredging of waterways. In addition, clearing and
grading during construction causes the loss of native vegetation necessary for terrestrial
and aquatic habitat.
(b) As a result, the purpose of the local regulations contained in this subdivision is to
safeguard persons. protect property, prevent damage to the environment, protect water
quality and promote the public welfare by guiding, regulating. and controlling the design.
construction. use. and maintenance of any development or other land disturbing activity
which disturbs or breaks the topsoil or results in the movement of earth or land in the city
and to provide a healthy living environment for citizens of the City of Baytown.
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Sec. 98 -551. Applicability.
This subdivision applies to all premises that have stormwater discharges associated with
construction activity. Construction activities disturbing less than one acre that are not part of a
larger common plan of development are not required to submit an NOI or other documentation to
the state, but must submit a limited SWPPP to the city as designated under this division.
Construction site operators for sites where less than one acre is disturbed must also apply for a
stormwater permit and prevent any pollutants from leaving their site and entering into the city's
Municipal Separate Storm Sewer System (MS4) or waters of the United States.
Sec. 98 -552. Standards.
The standards set forth herein and promulgated pursuant to this division are minimum
standards; therefore compliance with this division will ensure that there will be no
contamination, pollution, or unauthorized discharge of pollutants.
Sec. 98 -553. Permits.
(a) The responsible party that is required to have a NPDES or TPDES permit to discharge
stormwater associated with construction activity shall prepare its SWPPP in compliance
with the construction regulations and shall strictly comply with the requirements of its
NPDES or TPDES permit. the stormwater permit issued under this division and its
SWPPP.
(b) No responsible party shall be granted a stormwater permit for construction activity which
would disturb one acre or more without the approval of a Stormwater Pollution
Prevention Plan by the director.
(c) A city stormwater permit is not required for the following activities:
(1) any emergency activity which is immediately necessary for the protection of life.
property or natural resources: or
(2) existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(d) Each stormwater permit application shall include a statement that any land clearing,
construction. or development involving the movement of earth shall be in accordance
with the Stormwater Pollution Prevention Plan. and that a construction site operator shall
be on site on all days where such activity takes place.
(e) It is a violation of this division to operate a facility:
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(1) that has stormwater discharges associated with construction activity without an
NPDES or TPDES permit and a city stormwater permit for stormwater
discharges, or
(2) in violation of the NPDES or TPDES permit. or the stormwater permit covering
the facility, or the SWPPP.
Sec. 98 -554. Stormwater permit application.
The responsible party for all construction sites within the city shall be required to
complete the construction site operator training, which consists of viewing the video, StormYt -ater
Pollution Prevention for Construction Sites and complete the video questionnaire, as part of the
stormwater permit application process with the City of Baytown. The video questionnaire with
a passing score (greater than or equal to 60 %) must be submitted with the other materials
required for stormwater permit application as follows:
(1) For all construction sites where the responsible party is required to have a NPDES
or TPDES permit to discharge stormwater associated with construction
(disturbing one acre or more), the responsible party shall not commence
construction activity without first submitting an NOI or CSN to the EPA or the
TCEQ, as appropriate, and applying for a city stormwater permit by submitting
the following documents to the director:
a. a copy of the NOI or CSN submitted to the EPA or the TCEQ;
b. a certification that the NOI has been submitted to the EPA or the TCEQ as
applicable; and
C. a copy of the Stormwater Pollution Prevention Plan describing and
ensuring the implementation of practices that will be used to reduce the
pollutants in stormwater discharges associated with construction activity at
the construction site including a Site Plan detailing the location of erosion
and sediment control measures.
(2) For all construction sites that are not required to obtain TPDES coverage (less
than one acre). the responsible party shall not commence construction activity
without first submitting a limited SWP3 to the Stormwater Coordinator at the
time of application for a building permit containing the following:
a. A statement of erosion and sediment controls to be used at the
construction site, and
b. A statement of pollution prevention practices to be used at the
construction site.
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Sec. 98 -555. Stormwater permit review criteria.
Each stormwater permit application will be reviewed by the director to ensure:
(1) All documents listed in section 98 -554 are included in the permit application;
(2) The Stormwater Pollution Prevention Plan includes the following:
a. A written SWP3 report that provides the project description, the selected
erosion and sediment controls. a plan for maintenance of controls,
inspection procedures and reporting. any non - stormwater discharges
associated with the site. and copies of all tables and forms. These sections
must comply with the Application Review SWP3 Checklist provided by
the city.
b. A set of SWP3 civil drawings indicating the following:
perimeter controls.
2. inlet protection (IPB).
3. stabilized entry /exit (SCE),
4. concrete wash out areas (CWO),
5. areas where street sweeping will be conducted daily (STC).
6. an indication of how stabilization will be achieved for areas that
will not be paved — usually those in the landscaping plan and also
the detention pond — the pond should be stabilized upon
completion of the pond — not after the whole project is done or
erosion will occur from the pond itself, and
7. the following notes shall be included on the drawing:
a) all subcontractors will be educated to follow stormwater
Pollution prevention requirements,
b) structural BMPs will be inspected and maintained at least
every 14 days and after any precipitation or runoff event
that causes surface erosion. sediment transport or vehicular
tracking;
C) scraping and sweeping of streets, sidewalks and flowlines
must be conducted at the end of each work day when dirt
and other construction material has been tracked onto
streets;
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d) earth materials and landscape materials such as sod. rock
and mulch shall not be stockpiled, placed or stored on
driveways. streets, sidewalks or in stormwater f7owlines;
e) construction supplies (e.g., trusses and lumber), roll off
containers, dumpsters, portable toilets. trailers, etc., shall
not be stored on streets or sidewalks or other impervious
surfaces. These items shall be stored on the construction
site or staging areas; and
f) sanitary facilities shall be located on natural ground and at
least 25 feet from any storm sewer inlet or water body and
shall be serviced regularly as needed.
Sec. 98 -556. Stormwater permit closure /Submission of the NOT.
A responsible party who has applied for a city stormwater permit must submit a
certification that the responsible party has submitted an NOT to the EPA or TCEQ by submitting
a copy of that NOT to the director at the same time the responsible party submits the NOT to the
EPA or the TCEQ as applicable.
Sec. 98 -557. Review and issuance.
The director will review each stormwater permit application to determine its
conformance with the provisions of this division. Thereafter. the director shall, in writing:
(1) Issue the permit:
(2) Issue the permit subject to such reasonable conditions as may be necessary to
secure substantially the objectives of this subdivision and the construction
regulations. and issue the approval subject to these conditions: or
(3) Disapprove the permit application, indicating the deficiencies and the procedure
for submitting a revised application and/or submission.
Sec. 98 -558. Design Requirements.
Grading, erosion control practices. sediment control practices, and waterway crossings
shall meet the design criteria set forth in the construction regulations, and shall be adequate to
prevent transportation of sediment from the site to the satisfaction ofthe director.
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Sec. 98 -559. Modifications to the plan.
(a) Major amendments of the Stormwater Pollution Prevention Plan shall be submitted to the
director and shall be processed and approved, or disapproved, in the same manner as the
original plans.
(b) Field modifications of a minor nature may be authorized by the director by written
authorization to the permittee.
Sec. 98 -560. Clearing and grading.
(a) Clearing and grading activities. shall not be permitted. except when in compliance with
all provisions of this division.
(b) Clearing techniques that retain natural vegetation and retain natural drainage patterns, as
described in the construction regulations shall be used to the satisfaction of the director.
Sec. 98 -561. Inspection.
(a) The director shall make periodic, unannounced inspections of the site during construction
and shall either approve that portion of the work completed or shall notify the pennittee
wherein the work fails to comply with the Stormwater Pollution Prevention Plan as
approved. Compliance with the provisions of the SWPPP will be checked on every visit,
including the following items:
(1) Proper public notice,
(2) Copies of NOI, stormwater pen-nit. SWPPP, and, if applicable, a SWQMP onsite;
(3) Condition and effectiveness of erosion and sediment control devices;
(4) Condition of entrance so as to reduce vehicle tracking;
(5) Inspection and maintenance records;
(6) Proper fueling and/or washout area construction-
(7) Sanitary facilities; and
(8) Proper storage of materials. including hazardous materials and end of workday
containment of trash, construction debris, and work materials.
Plans for grading, stripping, excavating, and tilling work bearing the stamp of approval of
the city shall be maintained at the site during the progress of the work.
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(b) The permittee or his /her agent shall make regular inspections of all control measures in
accordance with the inspection schedule outlined on the approved Stormwater Pollution
Prevention Plan(s). The purpose of such inspections will be to determine the overall
effectiveness of the plan, and the need for additional control measures. All inspections
shall be documented in written form and submitted to the director at the time interval
specified in the approved permit.
A notice of inspection will be issued to the responsible party. If deficiencies are noted,
they must be corrected within 72 hours of receiving a notice. Upon re- inspection, if the
deficiencies have not been corrected from the first inspection or additional deficiencies
are identified. the director will undertake enforcement procedures as specified in section
98 -564.
Sec. 98 -562. Notice of violation.
Written notice of violation shall occur in cases where the violator has knowledge of the
applicable discharge prohibitions. and has not been abated within 72 hours after receiving an
inspection notice. A written notice of violation shall explain the nature of the code violation and
a time frame for remedy. Copies of the violation shall be:
(1) posted onsite or left onsite with the site control manager:
(2) sent via certified mailed to the property owner and permittee or responsible party;
and
(3) placed in the director's administrative file.
Sec. 98 -563. Penalties /Enforcement.
(a) Failure to comply with any provision of this division shall be grounds for the revocation
of or the refusal to issue or renew any permit required in this division.
(b) Any person violating any section of this division shall, upon conviction, be fined as
provided in section 1 -14.
(c) If any person violates any section dealing with stormwater discharges associated with
construction activity. and does not, after notice, implement and maintain stormwater
pollution prevention best management practices in conformance with this division, the
director may take whatever action is necessary to remedy the violation, including.. but not
limited to. withholding permits. stopping work, injunctive relief, abatement, and other
civil and criminal remedies.
(d) The remedies and enforcement powers set forth in this section shall not be considered
exclusive remedies, but rather shall be cumulative with all other remedies provided in this
division, in any other ordinance. or by law.
IVA
Sec. 98 -564. Stop -,�'ork orders.
(a) If necessary to assure compliance with the permit requirements, standards, or other
provisions of this division, or to protect public health, safety and welfare, the director
may issue a stop work order for the purpose of preventing or minimizing accelerated soil
erosion, polluted stormwater runoff, or other conditions posing imminent and substantial
danger to public health. safety. welfare. or natural resources.
(b) The stop work order shall be narrowly focused on stopping the specific discharge activity
that constitutes the violation. No work other than actions necessary to remediate the
violation shall occur on -site until the stop work order is lifted by the director. The stop
work order may contain conditions in order for the same to be lifted.
(c) The stop work order. when issued, shall require all specified construction activities to be
stopped. A copy of the stop work order shall immediately be submitted to other state and
local agencies with regulatory jurisdiction pertaining to storm ater management.
(d) If the director determines that pollution of the waters of this state have or will reasonably
occur from a premises in violation of this division, the director may seek to enforce the
division by notifying the person who owns the land, by mail, with return receipt
requested, of his determination. The notice shall contain a description of specific
stormwater pollution prevention best management practices which, if implemented by the
property owner, would bring the owner into compliance.
(e) A person, who owns the premises subject to this division, shall implement and maintain
stormwater pollution prevention best management practices in conformance with this
division within ten (10) days after the issuance of a stop work order.
Sec. 98 -565. Appeal of notice of violation.
(a) Any person who received a notice of violation may appeal the director's decision to the
city manager within two working days from the date of the notice of violation. The
notice of appeal shall be in writing addressed to the city manager and filed with the
director and shall set forth in detail the basis of the appeal.
(b) The burden of proof shall be upon the appellant to demonstrate that the notice of
violation was issued in error or was not made in accordance with this article or applicable
state law.
(c) The decision of the city manager shall be final.
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Sec. 98 -566. Enforcement measures after appeal.
(a) If the violation has not been corrected pursuant to the requirements set forth in the notice
of violation, or. in the event of an appeal. within ten days of the decision of the city
manager upholding the decision, then the director shall enter upon the subject private
property and is authorized to take any and all measures necessary to abate the violation
and /or restore the property. It shall be unlawful for any person, owner, agent or person in
possession of any premises to refuse to allow the director or designated contractor to
enter upon the premises for the purposes set forth in this section. The owner of such
premises will be charged the city's actual costs to abate the violation and /or restore the
property. plus an administrative charge of 5100.00.
(b) Until all such charges as described in subsection (a) of this section are paid. the property
shall be subject to a lien in favor of the city. The lien shall be superior to all other levies
except tax liens and liens for street improvement and shall accrue interest at the rate of
ten percent per annum.
Subdivision 4. Post Construction Stormwater Runoff
Secs. 98 -570 -- 98 -580. Reserved.
Section 7: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed: provided. however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 8: if any provisions. section, exception, subsection. paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 9: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not
more than TWO THOUSAND AND NO/] 00 DOLLARS ($2,000.00). Each act of violation and
each day upon which any such violation shall occur shall constitute a separate offense. In
addition to the penalty prescribed above. the city may pursue other remedies such as abatement
of nuisances, injunctive relief. administrative adjudication and revocation of licenses or permits.
Section 10: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) clays after passage of this ordinance.
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INTRODUCED. READ and PASSED by the affirmative vot of the City Council of the
City of Baytown this the I It" day of June. 2009.
STEP N 1 -1. DONCARLOS, Mayor
EST' ��p�YTOW�,
cn
KA IE DARNELL. City Cler
�k 1
APP OVER AS TO FORM:
eldNACIO RAMIREZ. SR.. Ci Dttomey
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