Ordinance No. 12,383ORDINANCE NO. 12,383
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER
98 "UTILITIES," ARTICLE VI " STORMWATER," DIVISION 2 " STORMWATER
MANAGEMENT," SUBDIVISION III " STORMWATER DISCHARGES
ASSOCIATED WITH CONSTRUCTION ACTIVITY," SECTION 98 -554
" STORMWATER PERMIT APPLICATION" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO REMOVE THE CITY - REQUIRED CONSTRUCTION SITE
OPERATOR TRAINING; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE
HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 98 "Utilities," Article VI " Stormwater," Division 2 " Stormwater
Management," Subdivision III " Stormwater Discharges Associated with Construction Activity," Section
98 -554 " Stormwater permit application" of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE VI. STORMWATER
DIVISION 2. STORMWATER MANAGEMENT
SUBDIVISION III. STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION
ACTIVITY
Sec. 98 -554. Stormwater permit application.
The responsible party for all construction sites within the city shall make application for a
stormwater permit in writing on an application form provided for that purpose. On the application, the
responsible party shall provide the following information:
(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.
Section 2: Every person convicted of a violation of any provision of this ordinance herein
shall be punished by a fine not exceeding FIVE HUNDRED AND NO /100 DOLLARS ($500.00). 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 3: 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 4: 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 5: 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)
days after passage of this ordinance. //
INTRODUCED, READ, and PASSED by the affirmative vote
Baytown, this the 24th day of October, 2013. ,
S.
A ST: y; r
BRY 14; �`berlt:; :••
APPROVED AS TO FORM:
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City Council of the City of
DONCARLOS,