HomeMy WebLinkAbout1872 04-27-2010ORDINANCE NO. 1872
AN ORDINANCE AMENDING CHAPTER 861 "UTILITIES ",
ARTICLE IV, "DRAINAGE,", "OF THE EULESS CODE OF
ORDINANCES; PROVIDING A PENALTY FOR
VIOLATION THEREOF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) required
small Municipal Separate Storm Sewer Systems (MS4) to execute a Notice of Intent
(NOI) for storm water discharges under the Texas Pollutant Discharge Elimination
System (TPDES) Phase II MS4 General Permit (TXR040000); and
WHEREAS, a Storm Water Management Plan (SWMP) for the City of Euless
was developed as required to accompany the NO]; and
WHEREAS, the SWMP requires the preparation and adoption of an Illicit
Discharge ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS;
SECTION I
THAT, Chapter 86, "Utilities ", Article IV, "Drainage ", be hereby amended by the
addition of a section entitled "Illicit Discharge," to hereafter be and read as follows:
Illicit Discharge
(a) Administration. The Director of Public Works and /or the Director's designated
representatives are authorized to administer, implement and enforce the
provisions related to Illicit Discharge.
(b) Definitions. Unless explicitly stated otherwise, the following terms and phrases,
as used in this Section, shall have the meanings hereinafter designated.
(1) C.F_R. means Code of Federal Regulations
(2) City means City of Euless, Texas
(3) Director means the Director of Public Works for the City of Euless
(4) Discharge means any addition or introduction of any pollutant, storm water
or any other substance into the municipal separate storm sewer system
(MS4)
(5) Discharger means any person or entity who causes or allows a discharge
including the operator of a construction site.
(6) Fire Department means the Fire Department of the City of Euless or a
mutual aid city.
(7) Municipal Separate Storm Sewer System (MS4) means the system of
conveyances (including sidewalks, streets, curbs, gutters, storm drain inlets,
storm drain pipes, roadside swales, detention ponds, creeks, streams or
channels) designed or used for collecting and /or conveying storm water.
(8) Person means any individual, partnership, corporation, firm, company or
any other legal entity.
(9) Storm Water means any flow occurring during or following any form of
natural precipitation.
(10) TPDES means Texas Pollutant Discharge Elimination System
(c) Discharge to MS4 Prohibited.
(1) A person commits an offense if the person introduces or
causes to be introduced into the M34 any discharge that is not
composed entirely of storm water.
(2) It is an affirmative defense to any enforcement action for a
violation of Subsection (c) that the discharge was composed of
one or more of the following categories of discharges:
a. A discharge authorized by and in compliance with a
TPDES permit.
b. A discharge or flow resulting from fire fighting by the Fire
Department.
c. A discharge or flow from water line flushing or disinfection
that contains no harmful quantity of chlorine residual.
d. A discharge or flow from lawn watering or landscape
irrigation.
e. A discharge or flow from uncontaminated pumped
groundwater or rising groundwater.
f. Uncontaminated groundwater infiltration (as defined in 40
C. F. R. & 35.2005(20)) to the MS4.
g. Uncontaminated discharge or flow from a foundation drain,
crawl space pump or footing drain.
h. A discharge or flow from air conditioning condensation.
i. A discharge or flow from individual residential car washing.
j. A discharge or flow from water used in street sweeping.
k. Drainage from a private residential swimming pool
containing no harmful quantity of chlorine or other
Ordinance No. 1872, Page 2 of 4
chemicals. Drainage of swimming pool filter backwash is
prohibited.
A discharge or flow of uncontaminated storm water
pumped from an excavation.
(d) Sanitary Sewer Connection Prohibited.
(1) A person commits an offense if the person connects a line or
pipe conveying sewage to the MS4.
(2) The connection of a line or pipe that conveys sewage to the
MS4 is hereby deemed a nuisance.
(e) Lawn Maintenance Debris Prohibited.
(1) A person commits an offense if the person sweeps, blows or
directs into the MS4 grass clippings, leaves, branches or lawn
maintenance debris and allows it to remain.
(2) The introduction of grass clippings, leaves, branches or lawn,
maintenance debris into the MS4 is hereby deemed to be a
nuisance.
(3) Lawn maintenance companies shall instruct employees of this
requirement.
SECTION II
PENALTY FOR VIOLATION. Any person, firm or corporation violating any of
the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in accordance with Chapter 1, "General
Provisions ", Section 1 -12, "General Penalty," Euless Code of Ordinances. Each
instance of a violation of this section is a separate offense
SECTION III
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or sections.
Ordinance No. 1872, Page 3 of 4
SECTION IV
SAVING CLAUSE. That Chapter 86 of the Code of Ordinances, City of Euless,
Texas, as amended, shall be in full force and effect, except as expressly amended
hereby.
SECTION V
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication by the City Charter and the laws of the State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING AND APPROVED at a
regular meeting of the Euless City Council on the 27th day of April 2010 by a vote of
6 ayes, o nays, and o abstentions.
APPROVED:
111 v
Mavu—IgSaleh, Mayor
ATTEST:
san bri WTM RC, City Secretary
APPROVED AS TO FORM:
Bob McFarland, City Attorney
Ordinance No. 9872, Page 4 of 4