Ordinance No. 11,463ORDINANCE NO. 11,463
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE VI " STORMWATER," DIVISION 1
"GENERALLY," SECTION 98470 "DEFINITIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADD
DEFINITIONS; AMENDING CHAPTER 98 "UTILITIES," ARTICLE VI
" STORMWATER," DIVISION 2 " STORMWATER MANAGEMENT" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING NEW
SUBDIVISIONS TO BE NUMBERED AND ENTITLED SUBDIVISION 2
"ILLICIT DISCHARGE DETECTION AND CONTROL" AND SUBDIVISION
4 "POST- CONSTRUCTION STORM WATER MANAGEMENT ";
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 98 "Utilities," Article VI "Stormwater," Division 1
"Generally," Section 98 -470 "Definitions" of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by adding the following definitions to such section, which definitions
shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORMWATER
DIVISION 1. GENERALLY
See. 98 -470. Def nitions.
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:
Applicant means a person with requisite right, title or interest or an agent for such person
who has filed an application for new development or redevelopment that requires a post -
construction stormwater management plan under this article.
Discharge means any spilling, leaking, pumping, pouring, emptying, dumping, disposing,
or other addition of pollutants to "waters of the state."
Direct discharge or point source means any discernible, confined and discrete
conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other
floating craft, from which pollutants are or may be discharged.
Disturbed area is clearing, grading, and excavation. Mere cutting of trees, without
grubbing, stump removal, disturbance or exposure of soil is not considered "disturbed area."
"Disturbed area" does not include routine maintenance but does include redevelopment.
General permit means the state "General Permit for the Discharge of Stormwater from
Small Municipal Separate Storm Sewer Systems" effective August 13, 2007.
New development means any construction activity on unimproved premises.
Post - construction stormwater management plan means BMPs and stormwater
management facilities employed by a new development or redevelopment to meet the stormwater
standards of the city's subdivision, site plan, or other zoning, planning or other land use
ordinances and approved by the director.
Qualified post- construction stormwater inspector means a person who conducts post -
construction inspections of stormwater management facilities and meets the following
qualifications:
1. The inspector shall not have any ownership of financial interests in the property being
inspected nor be an employee or partner of any entity having an ownership or
financial interest in the property, and
2. The inspector shall also meet the following or similar criteria as approved by the
director, who shall maintain a list of approved qualified post - construction stormwater
inspectors:
a. have a college degree in environmental science, civil engineering, or
comparable expertise;
b. have a demonstrated practical knowledge of stormwater hydrology and
stormwater management techniques, including the maintenance requirements
for stormwater management facilities;
c. have the ability to determine if stormwater facilities are performing as
intended; and
d. have received appropriate training acceptable to the TCEQ.
Redevelopment means construction activity on premises already improved with buildings,
structures or activities or uses, but does not include such activities as exterior remodeling of
structures.
Routine maintenance means activities performed to maintain the original line and grade,
hydraulic capacity, and original purpose of land or improvements thereon.
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Stormwater management facilities means any parking areas, catch basins, drainage
swales, detention basins and ponds, pipes and related structures that are part of the post -
construction stormwater management plan for a new development or redevelopment.
Urbanized area or UA means the areas of the state so defined by the latest decennial
census by the federal bureau of the census.
Section 2: That Chapter 98 "Utilities," Article VI "Stormwater," Division 2
"Stormwater Management" of the Code of Ordinances, Baytown, Texas, is hereby amended by
adding a new subdivision to be numbered and entitled Subdivision 2 "Illicit Discharge Detection
and Control," which subdivision shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORMWATER
DIVISION 2. STORMWATER MANAGEMENT
SUBDIVISION 2. ILLICIT DISCHARGE DETECTION AND CONTROL
Sec. 98 -540. Purpose; applicability.
(a) Purpose. The purpose of this subdivision is to provide for the health, safety, and general
welfare of the citizens of the city through the regulation of non - stormwater discharges to
the stormwater system to the maximum extent practicable as required by federal and state
law. This subdivision establishes methods for controlling the introduction of pollutants
into the municipal separate storm sewer system in order to comply with requirements of
the TPDES permit process. The objectives of this subdivision are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer
system by stormwater discharges by any user;
(2) To prohibit illicit connections and illicit discharges to the municipal separate
storm sewer system; and
(3) To establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this subdivision.
(b) Applicability. This subdivision shall apply to all water entering the stormwater system
generated on any developed and undeveloped lands within the corporate limits of the city.
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Sec. 98 -541. Responsibility.
(a) The director shall administer, implement, and enforce the provisions of this subdivision.
(b) The standards set forth herein and promulgated pursuant to this subdivision are minimum
standards; therefore this subdivision does not intend nor imply that compliance by any
person will ensure that there will be no contamination, pollution, nor unauthorized
discharge of pollutants.
Sec. 98 -542. Prohibitions.
(a) Prohibition of illicit discharges.
(1) No person shall discharge or cause to be discharged into the city's stormwater
system or watercourses any materials, including, but not limited to, pollutants or
waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than stormwater.
(2) Specific prohibitions and requirements. The specific prohibitions and
requirements contained in this subsection (2) are not and shall not be construed as
being all- inclusive of the discharges prohibited in subsection 1.
A. No person shall introduce or cause to be introduced into the MS4 any
discharge that causes or contributes to causing the city to violate water
quality standard, the City's TPDES permit, or any state - issued discharge
permit for discharges from its MS4.
B. No person shall dump, spill, leak, pump, pour, emit, empty, discharge, and
leach, dispose, or otherwise introduce or cause, allow, or permit to be
introduced any of the following substances into the MS4:
1. Any used motor oil, antifreeze, or any other motor vehicle fluid;
2. Any industrial waste;
3. Any hazardous waste, including hazardous household waste;
4. Any domestic sewage or septic tank waste, grease trap waste, or
grit trap waste;
5. Any garbage, rubbish, or yard waste;
6. Any wastewater from a commercial carwash facility; from any
vehicle washing, cleaning, or maintenance at any new or used
automobile or other vehicle dealership, rental agency, body shop,
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repair shop, or maintenance facility; or from any washing,
cleaning, or maintenance of any business or commercial or public
service vehicle, including a truck, bus, or heavy equipment, by a
business or public entity that operates more than two such vehicles;
7. Any wastewater from the washing, cleaning, de- icing, or other
maintenance of aircraft;
8. Any wastewater from a commercial mobile power washer or from
the washing or other cleaning of a building exterior that contains
any soap, detergent, degreaser, solvent, or any other harmful
cleaning substance;
9. Any wastewater from commercial floor, rug, or carpet cleaning;
10. Any wastewater from the wash down or other cleaning of
pavement that contains any harmful quantity of soap, detergent,
solvent, degreaser, emulsifier, dispersant, or any other harmful
cleaning substance; or any wastewater from the wash down or
other cleaning of any pavement where any spill, leak, or other
release of oil, motor fuel, or other petroleum or hazardous
substance has occurred, unless all harmful quantities of such
released materials have been previously removed;
11. Any effluent from a cooling tower, condenser, compressor,
emissions scrubber, emissions filter, or the blow down from a
boiler;
12. Any ready -mixed concrete, mortar, ceramic, or asphalt base
material or hydro -mulch material, or material from the cleaning of
vehicles or equipment containing, or used in transporting or
applying, such material;
13. Any runoff or wash down water from any animal pen, kennel, or
fowl or livestock containment area;
14. Any filter backwash from a swimming pool, fountain, or spa;
15. Any swimming pool water containing total residual chlorine (TRC)
of 1.0 mg/1 or more or containing any harmful quantity of chlorine,
muriatic acid or other chemical used in the treatment or
disinfection of the swimming pool water or in pool cleaning;
16. Any discharge from water line disinfection by superchlorination or
other means if the total residual chlorine (TRC) is at 1.0 mg/I or
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more or if it contains any harmful quantity of chlorine or any other
chemical used in line disinfection;
17. Any fire protection water containing oil or hazardous substances or
materials unless treatment adequate to remove pollutants occurs
prior to discharge;
18. Any water from a water curtain in a spray room used for painting
vehicles or equipment;
19. Any contaminated runoff from a vehicle salvage yard;
20. Any substance or material that will damage, block, or clog the
MS4;
21. Any release from a petroleum storage tank (PST), or any leachate
or runoff from soil contaminated by a leaking PST, or any
discharge of pumped, confined, or treated wastewater from the
remediation of any such PST release, unless the discharge satisfies
all of the following criteria:
a. Compliance with all state and federal standards and
requirements;
b. No discharge containing a harmful quantity of any
pollutant; and
C. No discharge containing more than 50 parts per billion of
benzene; 500 parts per billion combined total quantities of
benzene, toluene, ethyl benzene, and xylene (BTEX); or 15
mg/l of total petroleum hydrocarbons (TPH);
22. Any harmful quantity of sediment, silt, earth, soil, or other material
associated with clearing, grading, excavation or other construction
activities, or associated with land filling or other placement or
disposal of soil, rock, or other earth materials, in excess of what
could be retained on site or captured by employing sediment and
erosion control measures to the maximum extent practicable;
23. Any sanitary sewage, domestic or industrial;
24. Any pavement wash water from a service station to be discharged
into the MS4 unless such wash water has passed through a
properly functioning and maintained, grease, oil, and sand
interceptor before discharge into the MS4; and
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25. No person shall connect a line conveying sanitary sewage,
domestic or industrial, to the MS4, or allow such a connection to
continue.
(3) Exceptions. The commencement, conduct or continuance of any illicit discharge
to the stormwater system is prohibited, except as described as follows:
A. water line flushing or flushing of other potable water sources;
B. landscape irrigation or lawn watering;
C. diverted stream flows;
D. rising ground water and springs;
E. uncontaminated ground water infiltration;
F. uncontaminated pumped ground water;
G. foundation or footing drains (not including active groundwater dewatering
systems);
H. crawl space pumps;
I. air conditioning condensate;
J. individual residential vehicle washing;
K. natural riparian habitat or wetland flows;
L. pavement and exterior building wash water conducted without the use of
detergents or other chemicals;
M. swimming pools (if dechlorinated - typically less than one parts per
million (PPM) chlorine);
N. fire fighting activities;
O. motor vehicles fluids resulting from auto accidents;
P. any other water source not containing pollutants;
Q. discharges specified in writing by the director as being necessary to
protect public health and safety;
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R. dye testing only if a verbal notification to the director prior to the time of
the test; or
S. any non - stormwater discharge permitted under an NPDES or TPDES
permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the EPA or TCEQ, 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 stormwater
system.
(b) Prohibition of Illicit Connections.
(1) The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
(2) The prohibition contained in this subsection expressly includes, without
limitation, illicit connections made in the past, regardless of whether the
connection was permissible under law or practices applicable or prevailing at the
time of connection.
(3) A person is considered to be in violation of this subsection if the person connects
a line conveying sanitary sewage to the MS4, or allows such a connection to
continue.
Sec. 98 -543. Suspension of MS4 Access.
(a) Suspension due to Illicit Discharges in Emergency Situations. The director may, without
prior notice, suspend MS4 discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the MS4 or waters of the United States. If the violator fails to comply with
a suspension order issued in an emergency, the 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 persons.
(b) Suspension due to the Detection of Illicit Discharge. Any person discharging to the MS4
in violation of this subdivision may have his MS4 access terminated if such termination
would abate or reduce an illicit discharge. The director will notify a violator of the
proposed termination of its MS4 access. The violator may petition the director for a
reconsideration and hearing. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this section, without the prior approval of the
director.
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Sec. 98 -544. TPDES coverage.
(a) Any person subject to an industrial or construction activity NPDES or TPDES
stormwater discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the director prior to
allowing discharges to the MS4.
(b) A person commits an offense if the person fails to comply with any requirements set forth
in the NPDES or TPDES permit as applicable to the facility or activity.
Sec. 98 -545. Submission of NOI to city.
(a) The operator of a facility, including construction sites, required to have a NPDES or
TPDES permit to discharge stormwater associated with industrial activity shall submit a
copy of the notice of intent to the director at the same time the operator submits the
original notice of intent to the EPA or the TCEQ as applicable.
(b) The copy of the notice of intent shall be delivered to the director either in person or by
mail.
(c) A person commits an offense if the person operates a facility that is discharging
stormwater associated with industrial or construction activity without having submitted a
copy of the notice of intent to do so to the director.
Sec. 98 -546. Monitoring of discharges.
(a) Applicability. This section applies to all facilities that have stormwater discharges
associated with industrial activity, including construction activity.
(b) Access to facilities.
(1) The director shall be permitted to enter and inspect facilities subject to regulation
under this subdivision as often as may be necessary to determine compliance with
this subdivision. If a facility has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to the director.
(2) Facility operators shall allow the director ready access to all parts of the premises
for the purposes of inspecting, sampling, examining and copying of records that
must be kept under the conditions of an NPDES or TPDES permit to discharge
stormwater, and the performance of any additional duties as defined by state and
federal law.
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(3) The director shall have the right to set up on any permitted facility such devices as
are necessary in the opinion of the director to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4) The director has the right to require the facility to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger at its own
expense. All devices used to measure stormwater flow and quality shall be
calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to
be inspected and/or sampled shall be promptly removed by the operator at the
written or oral request of the director and shall not be replaced. The costs of
clearing such access shall be borne by the operator.
(6) A person who is the operator of a facility with an NPDES or TPDES permit to
discharge stormwater associated with industrial activity commits an offense if the
person denies the director reasonable access to the permitted facility for
conducting any activity authorized or required by this subdivision.
(7) If the director has been refused access to any part of the premises from which
stormwater is discharged, and director is able to demonstrate probable cause to
believe that there may be a violation of this subdivision, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with this subdivision or any order issued
hereunder, or to protect the overall public health, safety, and welfare of the
community, then the director may seek issuance of a search warrant from any
court of competent jurisdiction.
Sec. 98 -547. Requirement to prevent, control, and reduce stormwater pollutants by the use
of best management practices.
The city will review proposed best management practices for any activity, operation, or
facility which may cause or contribute to pollution or contamination of stormwater, the
stormwater system, or waters of the U.S. The owner or operator of a commercial or industrial
establishment shall provide, at his own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain system or watercourses
through the use of these structural and non - structural BMPs. Further, any person responsible for
a property or premise, which is, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non - structural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer system. Compliance with
all terms and conditions of a valid NPDES or TPDES permit authorizing the discharge of
stormwater associated with industrial activity, to the extent practicable, shall be deemed in
compliance with the provisions of this section. These BMPs shall be part of a stormwater
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pollution prevention plan as necessary for compliance with requirements of the NPDES and/or
TPDES permit.
Sec. 98 -548. Watercourse protection.
Every landowner or person responsible for maintaining an easement through which a
watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse
within the property free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use, function,
or physical integrity of the watercourse.
Sec. 98 -549. 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
illicit discharges or pollutants discharging into stormwater, the stormwater 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 non - hazardous materials, said person shall notify the
director in person or by phone or facsimile no later than the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed and mailed to the director
within three business 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 actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
Sec. 98- 549.5. Notice of violation; appeal; enforcement.
(a) Notice of violation. Whenever the director finds that a person has violated a prohibition
or failed to meet a requirement of this subdivision, the director may order compliance by
written notice of violation to the responsible person. Such notice may require without
limitation:
(1) the performance of monitoring, analyses, and reporting;
(2) the elimination of illicit connections or discharges;
(3) that violating discharges, practices, or operations cease and desist;
(4) the abatement or remediation of stormwater pollution or contamination hazards
and the restoration of any affected property;
(5) payment of a fine to cover administrative and remediation costs; and
(b) the implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property are required, the notice
shall set forth a deadline within which such remediation or restoration must be
completed. Such notice shall further advise that, should the violator fail to remediate or
restore within the established deadline, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be charged to the
violator.
(b) Appeal.
(1) Any person receiving a notice of violation as described in subsection (a) of this
section may appeal the director's decision to the city manager within seven 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 appeal.
(2) 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.
(3) The decision of the city manager shall be final:
(c) Enforcement measures after appeal.
(1) 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 may 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 subsection.
(2) The owner of such premises will be charged the city's actual cost to abate the
violation and/or restore the property, plus an administrative charge of $100.00.
(3) Until all such charges as described in this subsection are paid, the property shall
be subject to a lien in favor of the city. The lien shall be superior to all other
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levies except tax liens and liens for street improvement and shall accrue interest at
the rate of ten percent per annum.
Section 3: That Chapter 98 "Utilities," Article VI " Stormwater," Division 2
" Stormwater Management" of the Code of Ordinances, Baytown, Texas, is hereby amended by
adding a new subdivision to be numbered and entitled Subdivision 4 "Post- Construction
Stormwater Management," which subdivision shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORMWATER
DIVISION 2. STORMWATER MANAGEMENT
SUBDIVISION 4. POST - CONSTRUCTION STORMWATER MANAGEMENT
Sec. 98 -567. Purpose.
The purpose of this subdivision is to provide for the health, safety, and general welfare of
the citizens of the city through monitoring and enforcement of compliance with post - construction
stormwater management plans in order to comply with minimum control measures requirements
of regulations found in the federal Clean Water Act, and the state's MS4 permit. This
subdivision establishes minimum stormwater management requirements and controls to protect
and safeguard the general health, safety, and welfare of the public residing in watersheds within
the city. This subdivision seeks to meet these purposes through the following objectives:
(1) minimize increases in stormwater runoff from any development in order to reduce
flooding, silting, increases in stream temperature, and stream bank erosion and
maintain the integrity of stream channels;
(2) minimize increases in non -point source pollution caused by stormwater runoff
from development which would otherwise degrade local water quality;
(3) minimize the total annual volume of surface water runoff which flows from any
specific site during and following development to not exceed the pre - development
hydrologic regime to the maximum extent practicable; and
(4) reduce stormwater runoff rates and volumes, soil erosion and non -point source
pollution, wherever possible, through stormwater management controls and to
ensure that these management controls are properly maintained and pose no threat
to public safety.
[a]
Sec. 98 -568. Applicability.
(a) This subdivision applies to all new development and redevelopment within the corporate
limits of the city and to associated stormwater management facilities.
(b) This subdivision does not apply to new development or redevelopment that has received
approval of its post - construction stormwater management plan and stormwater
management facilities; said development shall not require additional review under this
subdivision, but shall comply with the post - construction stormwater management plan
requirements for that approved development.
Sec 98 -569. Design criteria.
Stormwater treatment practices must be designed and constructed in accordance with
design and sizing criteria minimum standards set forth in section 126 -675 of this code.
Sec. 98 -570. Permit procedures and requirements.
Notwithstanding any provision in this code to the contrary, no applicant for a building
permit, subdivision approval, site plan approval or other zoning, planning or other land use
approval for new development or redevelopment to which this subdivision is applicable shall
receive such permit or approval unless the applicant has obtained a stormwater quality permit.
Sec. 98 -571. Notice of BMP discharge to city's MS4.
At the time of application for a building permit, subdivision approval, site plan approval
or other zoning, planning or other land use approval for new development or redevelopment to
which the subdivision is applicable, the applicant shall notify the director if its post - construction
stormwater management plan includes any BMP(s) that will discharge to the city's MS4 and
shall include in this notification a listing of which BMP(s) will so discharge.
Sec. 98 -572. Post - construction stormwater management plan compliance.
No application for development will be approved unless it includes a stormwater
management plan detailing in concept how runoff and associated water quality impacts resulting
from the development will be controlled or managed. This plan must be prepared by an
individual approved by the director and must indicate whether stormwater will be managed on-
site or off -site and, if on -site, the general location and type of practices. The stormwater
management plan(s) shall be referred for comment to all other interested agencies, and any
comments must be addressed in a final stormwater management plan. This final plan must be
signed by a licensed professional engineer, who will verify that the design of all stormwater
management practices meet the submittal requirements outlined in the submittal checklist found
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on a form created for this purpose by the director. No building, grading, or sediment control
permit shall be issued until a satisfactory final stormwater management plan, or a waiver thereof,
shall have undergone a review and been approved by the director after determining that the plan
or waiver is consistent with the requirements of this subdivision.
Sec. 98 -573. General requirement.
Any person owning, operating, leasing or having control over stormwater management
facilities required by a post - construction stormwater management plan approved under the city's
subdivision, site plan or other zoning, planning or other land use ordinances shall demonstrate
compliance with that plan as follows:
(1) That person or a qualified post - construction stormwater inspector hired by that
person shall, at least annually, inspect the stormwater management facilities,
including but not limited to any parking areas, catch basins, drainage swales,
detention basins and ponds, pipes and related structures, in accordance with all
municipal and state inspection, cleaning and maintenance requirements of the
approved post - construction stormwater management plan;
(2) If the stormwater management facilities require maintenance to function as
intended by the approved post - construction stormwater management plan, that
person shall take corrective action(s) to address the deficiency or deficiencies;
(3) That person or qualified post - construction stormwater inspector hired by that
person shall, on or by June 13 of each year, provide a completed and signed
certification to the director in a form created for this purpose, certifying that the
person has inspected the stormwater management facilities and that they are
adequately maintained and functioning as intended by the approved post -
construction stormwater management plan, or that they require maintenance or
repair, describing any required maintenance and any deficiencies found during
inspection of the stormwater management facilities; and
(4) If the stormwater management facilities require maintenance or repair of
deficiencies in order to function as intended by the approved post - construction
stormwater management plan, the person shall provide a record of the required
maintenance or deficiency and corrective action(s) taken.
Sec. 98 -574. Application requirements.
Unless specifically excluded by this subdivision, any land owner or operator desiring a
permit for a land disturbance activity shall submit to the director a permit application on a form
provided for that purpose. The application shall be in affidavit form signed by the land owner or
operator and shall include:
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a. The name, address, phone number and other contact information as the director
may require of the owner and operator;
b. Property description or property address for which the permit is sought;
C. Proposed BMPs and structural controls;
d. Such other information as may be required by the director.
Sec. 98 -575. Variance to stormwater management requirements.
(a) Every applicant shall provide for stormwater management as required by this subdivision,
unless a variance is granted by the director pursuant to this section.
(b) Requests to vary the stormwater management plan requirements shall be submitted to the
director in writing for review and approval if appropriate.
(c) The director may vary the minimum requirements for stormwater management after
receipt of a request therefor if the director finds that:
(1) Acceptable mitigation measures are provided;
(2) At least one of the following conditions applies:
A. It can be demonstrated that the proposed development is not creating
additional impervious surface area;
B. Alternative minimum requirements for on -site management of stormwater
discharges have been established in a stormwater management plan that
has been approved by the director and the implementation of the plan is
required; or
C. Provisions are made to manage stormwater by an off -site facility. The off -
site facility is required to be in place, to be designed and adequately sized
to provide a level of stormwater control that is equal to or greater than that
which would be afforded by on -site practices and there is a legally
obligated entity responsible for long -term operation and maintenance of
the stormwater practice; and
(3) The variance will not result in the following impacts to downstream waterways:
A. Deterioration of existing culverts, bridges, and other structures;
B. Degradation of biological functions or habitat;
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C. Accelerated stream bank or streambed erosion or silting; and
D. Increased threat of flood damage to public health, life, property.
Sec. 98 -576. Right of Entry.
In order to determine compliance with this subdivision and with the post - construction
stormwater management plan, the director may enter upon property at reasonable hours with the
consent of the owner, occupant or agent to inspect the stormwater management facilities.
Sec. 98 -577. Enforcement.
(a) Any person who violates any provision of or to fail to comply with any of the
requirements of this subdivision or of the post - construction stormwater management plan
shall:
(1) be guilty, upon conviction, of a separate offense for each day or portion of a day
during which the violation continues, which shall be punishable as provided in
section 1 -14.
(2) be subject to penalties and orders for injunctive relief and shall be responsible for
the city's attorney's fees and costs.
(3) be subject to all fines, penalties, damages and costs, including, but not limited to,
attorneys' fees and costs, incurred by the city for violation of federal and state
environmental laws and regulations caused by or related to that person's violation
of this subdivision or of the post - construction stormwater management plan.
(b) The city shall have such other remedies as are and as may be from time to time provided
by law for the violation of regulations.
(c) The city may, with the approval of the director, enter into a written consent agreement
with the violator to address timely abatement of the violation(s) of this subdivision or of
the post - construction stormwater management plan for the purposes of eliminating
violations of this subdivision or of the post - construction stormwater management plan
and of recovering fines, costs and fees without court action.
(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.
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Sec. 98 -578. Notice of violation; consent agreement; appeal; enforcement.
(a) Notice of violation. Whenever the director believes that a person has violated this
subdivision or the post - construction stormwater management plan, the director may order
compliance with this subdivision or with the post - construction stormwater management
plan by written notice of violation to that person indicating the nature of the violation and
ordering the action necessary to correct it, including, without limitation:
(1) The abatement of violations, and the cessation of practices, or operations in
violation of this subdivision or of the post - construction stormwater management
plan;
(2) At that person's expense, compliance with BMPs required as a condition of
approval of the new development or redevelopment, the repair of stormwater
management facilities and/or the restoration of any affected property; and/or
(3) The payment of fines, of the city's remediation costs and of the city's reasonable
administrative costs and attorneys' fees and costs.
If abatement of a violation, compliance with BMPs, repair of stormwater management
facilities and/or restoration of affected property are required, the notice shall set forth a
deadline within which such abatement, compliance, repair and/or restoration must be
completed.
(b) Appeal.
(1) Any person receiving a notice of violation as described in subsection (a) of this
section may appeal the director's decision to the city manager within ten 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 forth in detail
the basis of appeal.
(2) 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.
(3) The decision of the city manager shall be final.
(c) Enforcement measures after appeal.
(1) 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 may 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
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the director or designated contractor to enter upon the premises for the purposes
set forth in this subsection.
(2) The owner of such premises will be charged the city's actual cost to abate the
violation and/or restore the property, plus an administrative charge of $100.00.
(3) Until all such charges as described in this subsection 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.
Section 4: 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 not exceeding
TWO THOUSAND AND NO /100 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 5: 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 6: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 7: 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 ity of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vot%f t e Council of the
City of Baytown, this the 14`h day of October, 2010.
. DONCARLOS, Mayor
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NAC'
0 �AMIRF-,",Z, SR., Cit i ttorney
_01-11
unip dol,
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