HomeMy WebLinkAboutOrdinance - 2020-O0056 - Amending Chapter 22 - Stormwater Regulations - 04/28/2020First Reading
April 14, 2020
Item No. 6.10
ORDINANCE NO. Q-00056
Second Reading
April 28, 2020
Item No. 6.7
AN ORDINANCE AMENDING CHAPTER 22 "UTILITIES", ARTICLE 22.11
"STORMWATER REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, IN ORDER TO NOW INCLUDE POST -CONSTRUCTION
REQUIREMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the United States Environmental Protection Agency (EPA) has promulgated
regulations requiring National Pollutant Discharge Elimination System (NPDES) permits for
stormwater discharges to waters of the United States to be obtained by all operators of municipal
separate storm sewer systems (MS4s) located in an incorporated area with a population of
100,000 or more; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) issues,
administers, and enforces the Texas Pollutant Discharge Elimination System (TPDES)
stormwater permits in Texas; and
WHEREAS, as part of the current -years permitting requirements as issued by the TCEQ,
the City of Lubbock shall adopt regulations governing post -construction activities as it relates to
stormwater facility management; and
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest
of the citizens of Lubbock to make the following amendments to Article 22.11 of the Code of
Ordinances of the City of Lubbock in order to comply with TCEQ permit requirements; NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
! SECTION 1. THAT Article 22.11, Section 22.11.001 of the Code of Ordinances of the
;City of Lubbock, Texas, is hereby amended to read as follows;
Sec.22.11.001 Purposes
The purpose and objectives of this article are as follows:
(1) To maintain and improve the quality of surface water within the City of
Lubbock, the State of Texas, and the water of the United States insofar as each is
within the corporate boundaries of the City of Lubbock, or subject to or otherwise
affected by acts of the City of Lubbock or its residents, or otherwise required by
TPDES Stormwater Permit No. WQ0004773000.
(2) To prevent the discharge of contaminated stormwater runoff from industrial,
commercial, residential, and construction sites into storm sewers and natural waters
within the City of Lubbock.
Page 1 of 14
(3) To facilitate proper management of post -construction stormwater runoff to
minimize damage to public and private property and infrastructure, safeguard the
public health, safety, environment, and general welfare, and protect water resources.
This purpose is accomplished by the following actions:
a) Establishing minimum post -construction stormwater management standards to
minimize stormwater runoff volumes and regulate subsequent quality; and
b) Identifying the long-term responsibility for maintenance of permanent BMPs
and setting forth plans to ensure continued functionality.
(4) To promote public awareness of the hazards involved in the improper or illegal
discharge of hazardous substances, petroleum products, household hazardous waste,
industrial waste, sediment from construction sites, pesticides, herbicides, fertilizers,
and other contaminants into the natural inlets of the city.
(5) To promote recycling of used motor oil, and safe disposal of other hazardous
consumer products or waste by-products.
(b) To facilitate compliance with state and federal standards and permits by owners
and operators of industrial and construction sites within the city.
(7) To enable the city to comply with all federal and state laws and regulations
applicable to stormwater discharges.
(8) To establish legal authority to carry out all inspections, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance with
applicable permits.
SECTION 2. THAT Article 22.11, Section 22.11.004 of the Code of Ordinances of the
City of Lubbock, Texas, is hereby amended to read as follows:
22.11.004 Definitions
a provision explicitly states otherwise, the following terms and phrases, as used in this
shall have the meanings hereinafter designated.
est management practices_(BMP). Schedules of activities, prohibitions of practices,
aintenance procedures, and other management practices to prevent or reduce the pollution of
aters of the United States. BMPs also include treatment requirements, operating procedures,
id practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
om raw material storage.
'i"I" The City of Lubbock, Texas, or the City Council of Lubbock.
"ommercial. Pertaining to any business, trade, industry, or other activity engaged in for profit.
Page 2 of 14
Commencement o.l'construction. The initial disturbance of soils associated with clearing, grading,
or excavating activities or other construction -related activities (e.g., stockpiling of fill material,
demolition).
Construction activity. Construction activities including clearing, grading, and excavating that are
subject to TPDES general construction permits. It does not include routine maintenance that is
performed to maintain the original line and grade, hydraulic capacity, and original purpose of a
ditch, channel, or other similar stormwater conveyance. Additionally, it does not include the
routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of
existing right-of-ways, and similar maintenance activities.
Construction discharge. The drainage, release, or disposal of pollutants in stormwater and certain
non-stormwater from areas where soil disturbing activities (e.g., clearing, grading, excavation,
stockpiling of fill material, and demolition), construction materials or equipment storage or
maintenance (e.g., fill piles, borrow area, concrete truck washout, fueling), or other industrial
stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are
located.
Construction site. Any construction site required by the Clean Water Act to operate within the
j limits of a TPDES permit to discharge stormwater associated with construction activity.
Discharge. Any addition or introduction of any pollutant, stormwater, or any other substance
whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United
States. This includes, but is not limited to, household hazardous waste, used motor vehicle fluids,
and collected quantities of grass clippings, leaf litter, and animal wastes.
Discharger. Any person who causes, allows, permits, or is otherwise responsible for, a discharge,
including, without limitation, any operator of a construction site or industrial facility.
Domestic sewage. Human excrement, gray water (from household drains, bathing, showers,
dishwashing, and food preparation) and waterborne waste normally discharged from the sanitary
conveniences of dwellings (including apartment houses and hotels), office buildings, factories,
and institutions, that is free from industrial waste.
Drainage criteria manual. That manual adopted and approved by the city council that establishes
requirements for drainage plans, drainage analyses, drainage design, and construction in newly
developing or redeveloping areas.
Environmental protection agencV(fPA1. The United States Environmental Protection Agency,
the regional office thereof, any federal department, agency, or commission that may succeed to
the authority of the EPA, and any duly authorized official of EPA or such successor agency.
Extremely hazardous substance. Any substance listed in the appendices to 44 CFR part 355,
Emergency Planning and Notification, as amended, or its successor rule.
Fa!Zj . Any building, structure, installation, process, industrial facility, construction site or
activity required by the Clean Water Act to have a permit to discharge stormwater associated
with industrial or construction activity.
Page 3 of 14
lty Maintenance Agreement. A formal contract between the City and a property owner
ishing the responsible party for long-term maintenance of stormwater management
ces.
Is, and greases (FOG). Organic polar compounds derived from animal and/or plant
that contain multiple carbon chain triglyceride molecules. These substances are
4e and measurable using analytical test procedures established in 40 CFR 136, as may be
I from time to time. All are sometimes referred to herein as "grease" or "greases."
d stabilization. The status when all soil disturbing activities at a site have been completed,
a uniform perennial vegetative cover with a density of at least 70% of the native background
;tative cover for unpaved areas and areas not covered by permanent structures has been
blished, or equivalent permanent stabilization measures (such as the use of riprap gabions, or
.extiles) have been employed.
merit. The fire department of the City of Lubbock, or any duly authorized
ve thereof.
'insurance rate ma;r (FIRM). An official map of a community on which the Federal
;ency Management Agency has delineated both the areas of special flood hazard areas and
flood areas and the risk premium zones applicable to the community.
d water infiltration. Means uncontaminated ground water that enters an MS4 (including
sewer service connection and foundation drains) from the ground by way of defective
pipe joints, connections, or manholes.
rrm ul uantiy. The amount of any substance that will cause pollution of surface water in the
te, waters of the United States, the municipal stormwater drainage system, or that will present
may present imminent and substantial damage to the environment or to the health or welfare
persons.
'ardous household waste° (HLLW2. Any material generated in a household (including single and
tiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, camp
ands, picnic grounds, and day -use recreational areas) which, except for any exclusion
sided in 40 CFR part 261.4(b)(1), would be classified as a hazardous waste under 40 CFR
261.
,s substance. Any substance listed in table 302.4 of 40 CFR part 302.
Any substance identified or listed as a hazardous waste by the EPA pursuant to
CFR part 261.
Hazardous waste treatment, disposal, and recovery facilit . All contiguous land, and structures,
other appurtenances and improvements on the land, used for the treatment, disposal, or recovery
f hazardous waste.
llicit connections. Any manmade conveyance connecting an illicit discharge directly to a
unicipal separate storm sewer.
Page 4 of 14
f
Illicit discharge. Any discharge to a municipal separate storm sewer that is not composed entirely
of stormwater, except discharges pursuant to an NPDES or TPDES permit (other than the
NPDES or TPDES permit for certain discharges from the municipal separate storm sewer),
discharges resulting from fire fighting activities, and other allowable non-stormwater discharges
detailed in section 22.11.031(b)(1)—(16).
Industrial facility. Any facility required by the Clean Water Act to have a permit to discharge
stormwater associated with industrial activity subject to TPDES industrial permits as defined in
40 CFR part 122.26(b)(14).
Industrial waste. Any waterborne liquid or solid substance that results from any process of
industry, manufacturing, mining, production, trade, or business.
Lake area. That part of any stormwater lake area within the corporate limits or in the
extraterritorial jurisdiction of the city, the perimeter of which has been established by the city
engineer at substantially the overflow elevation for overflow playas and the 500-year, 24-hour
predicted peak water surface elevation for non -overflow playas. The lake area can either reside in
its natural state or be modified through a cut and fill plan.
Master drainage plan. That plan adopted and approved by the city council that establishes the
regulatory water surface elevation for playa lakes and rates of overflow between lakes for certain
areas studied within the corporate limits of the city and certain areas within the city's
extraterritorial jurisdiction.
Maximum extent practicable (MEP). The technology -based discharge standard form MS4
established by section 402(p) of the Federal Clean Water Act.
Mobile wash cleaning. Any cleaning done for cosmetic purposes with the use of a mobile wash
apparatus. It does not include industrial cleaning, cleaning associated with manufacturing
activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal,
state, or local laws.
Municipal landfill (or landfill). An area of land or an excavation in which municipal solid waste
is placed for permanent disposal, and which is not a land treatment facility, a surface
impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated
by the Texas Water Commission).
Municipal separate storm sewer system (MS4). The system of conveyances (including roads with
drainage systems, municipal streets, alleys, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains) owned and operated by the city and designed or used for collecting or
conveying stormwater, and which is not used for collecting or conveying sewage.
Municipal solid waste. Solid waste resulting from or incidental to municipal, community,
commercial, institutional, or recreational activities, including but not limited to garbage, rubbish,
ashes, street debris, dead animals, abandoned automobiles, and other solid waste other than
industrial solid waste.
Page 5of14
PDES permit. A permit issued by EPA (or by the state under authority delegated pursuant to 33
SC section 1342(b)) that authorizes the discharge of pollutants to waters of the United States,
hether the permit is applicable on an individual, group, or general area -wide basis.
of change fNOQ. Written notification to the executive director of TCEQ from a
ger authorized under the industrial general permit or the construction general permit,
ng changes to information that was previously provided to the TCEQ in a notice of intent
ice of intent (NOI). The notice of intent for stormwater discharges that is required by either
industrial general permit or the construction general permit.
tice of termination (AD . The notice of termination for stormwater discharges that is required
either the industrial general permit or the construction general permit.
. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil or crude oil
ich is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil
:ed with waste.
�)I)erator. The person or persons associated with a large or small construction activity that is
ither 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: (1) the person or persons have
operational control over construction plans and specifications, including the ability to
make modifications to those plans and specifications; or (2) the person or persons
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 SWP3 or comply with other permit
conditions).
Secondary Qperator. 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.
A document which provides for the long-term maintenance of
management practices.
ivner. The person who owns a facility or part of a facility or the deed holder of the land upon
hich the stormwater facility resides, to be determined by the most recently approved city tax
latent BMP or permanent stormwater control measure. All practices and facilities
oyed to meet and maintain stormwater runoff quantity and quality requirements after site
lopment has been completed.
Page 6 of 14
Person. Any individual, partnership, co -partnership, firm, company, corporation, association,
joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal
representatives, agents, or assigns. This definition includes all federal, state, and local
governmental entities.
Playa or playa lake. Any of several naturally occurring broad, shallow, roughly circular
depressions of varying sizes and depths that serve as natural detention basins for stormwater
flows within the city or its extraterritorial jurisdiction (ET.I). (See lake area.)
utant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge,
itions, chemical waste, biological materials, radioactive materials, heat, wrecked or
irded equipment, rock, sand, cellar dirt, and industrial, municipal, or agricultural waste
iarged into water. The term "pollutant" does not include tail water or runoff water from
ation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm
llution. The alteration of the physical, thermal, chemical, or biological quality of, or the
ritamination of, any water in the state that renders the water harmful, detrimental, or injurious
humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or
pairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.
-lion. Activities and operations performed after the Notice of Termination for a
or redevelopment project has been filed and approved.
•ulated activity-. Activity occurring at an industrial facility or construction site, which qualifies
facility or site to acquire a permit to discharge stormwater under the Clean Water Act.
wable quantity R J . For any "hazardous substance," the quantity established and listed in
302.4 of 40 CFR part 302; for any "extremely hazardous substance," the quantity in 40 CFR
355 and listed in appendix A thereto.
Wary, sewer_[or sewer). The system of pipes, conduits, and other conveyances which carry
ustrial waste and domestic sewage from residential dwellings, commercial buildings,
ustrial and manufacturing facilities, and institutions, whether treated or untreated, to the city
rage treatment plant (and to which stormwater, surface water, and groundwater are not
-ntionally admitted).
?k waste. Any domestic sewage from holding tanks such as vessels, chemical toilets,
trailers, and septic tanks.
age for sanitary sewage). The domestic sewage and/or industrial waste that is discharged
the city sanitary sewer system and passes through the sanitary sewer system to the city
ige treatment plant for treatment.
Site. The land or water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
'mall construction activil—y. Construction activities including clearing, grading, and excavating
hat result in land disturbance of equal to or greater than one (1) acre and less than five (5) acres
Page 7 of 14
of land. Small construction activity also includes the disturbance of less than one (1) acre of total
land area that is part of a larger common plan of development or sale if the larger common plan
will ultimately disturb equal to or greater than one (1) and less than five (5) acres of land. Small
construction activity does not include routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine
grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing
right-of-ways, and similar maintenance activities.)
State. The State of Texas.
Stormwater. Stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater detention basin. An area dedicated for the primary use of stormwater impoundment.
Undeveloped open space activities may also exist. Stormwater detention basins may be under
public or private ownership.
Stormwater discharge associated with industrial activity. The discharge from any conveyance
which is used for collecting and conveying stormwater, and which is directly related to
manufacturing, processing, or raw material storage areas at an industrial plant which is within
one or more of the categories of facilities listed in 40 CFR part 122.26(b)(14), and which is not
excluded from EPA's definition of the same term.
Stormwater. engineer. The person appointed to the position of stormwater engineer, the City
Engineer, or his/her duly authorized representative(s).
Stormwater facility. Any physical facility built to control stormwater runoff in compliance with
the Lubbock Drainage Criteria Manual.
Stormwater pollution prevention plan SWP3 . A plan required by either the construction general
permit or the industrial general permit, and which describes and ensures the implementation of
practices that are to be used to reduce the pollutants in stormwater discharges associated with
construction or other industrial activity at the facility.
Surface water in the state (or water. Lakes, bays, ponds, impounding reservoirs, springs, rivers,
streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the
territorial limits of the state (from the mean high water mark (MHWM) out 10.36 miles into the
Gulf), and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,
navigable or non -navigable, and including the beds and banks of all water -courses and bodies of
surface water, that are wholly or partially inside or bordering the state or subject to the
jurisdiction of the state; except that waters in treatment systems which are authorized by state or
federal law, regulation, or permit, and which are created for the purpose of waste treatment are
snot considered to be water in the state.
on Environmental Qualt(LLI CEO). The environmental agency for the state.
DES general permit for stormwater discharges associated with industrial activity for
itisector general Permit). The multisector general permit issued by the TCEQ on August 14,
)6 as TPDES General Permit No. TXR050000, and any subsequent modifications or
.endments thereto.
Page 8 of 14
TPDES general permit for stormwater discharges associated with construction activity (or
construction general permit). The construction general permit issued by the TCEQ on March 5,
2003 as TPDES General Permit No. TXR150000, and any subsequent modifications or
amendments thereto.
Used oil (or used motor oily. Any oil that has been refined from crude oil, or synthetic oil, that, as
a result of use, storage, or handling, has become unsuitable for its original purpose because of
impurities or the loss of original properties but that may be suitable for further use and is
recyclable in compliance with state and federal law.
Wastewater. Spent or used water with dissolved or suspended solids, that has been discharged
from homes, commercial establishments, farms, or industries.
Water quality standard. The designation of a body or segment of surface water in the state for
desirable uses and the narrative and numerical criteria deemed by the state to be necessary to
protect those uses, as specified in chapter 307 of title 31 of the Texas Administration Code.
! Waters of the United States. All waters which are currently used, were used in the past, or may be
susceptible to use in interstate or foreign commerce, including all waters which are subject to the
ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters such
as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or
destruction of which would affect or could affect interstate or foreign commerce including any
such waters: (1) which are or could be used by interstate or foreign travelers for recreational or
other purposes; (2) from which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or (3) which are used or could be used for industrial purposes by industries in
interstate commerce; all impoundments of waters otherwise defined as waters of the United
States under this definition; all tributaries of waters identified in this definition; all territorial sea;
and all wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet
the requirements of CWA (other than cooling ponds as defined in 40 CFR part 423.11(m) which
also meet the criteria of this definition) are not waters of the United States. This exclusion
,applies only to manmade bodies of water which neither were originally created in waters of the
jUnited States (such as disposal area in wetlands) nor resulted from the impoundment of waters of
jthe United States. Waters of the United States do not include prior converted cropland.
Notwithstanding the determination of an area's status as prior converted cropland by any other
federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean
Water Act jurisdiction remains with the EPA. Any waters within the federal definition of "waters
of the United States" at 40 CFR part 122.2.
Wetland. An area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
SECTION 3. THAT Article 22.11, Sections 22.11.039-.040 of the Code of Ordinances of
City of Lubbock, Texas, are hereby amended to read as follows:
Page 9 of 14
See.22.11.039 Post -Construction
All permanent stormwater facilities must be designed to meet the criteria and specifications of
the Lubbock Drainage Criteria Manual and/or Integrated Stormwater Management Manual
(iSWMTM). Stormwater runoff quality after development or redevelopment of the property
should not exceed pre -development conditions, to the greatest extent practicable. The City
reserves the right to inspect all stormwater facilities for compliance with maintenance guidelines.
1 owners of a permanent stormwater facilities shall submit to the city an operations and
tintenance plan as directed in the Lubbock Drainage Criteria Manual.
1) Operations and Maintenance Plan Re uirements
Operations and Maintenance Plan must clearly identify the person(s) responsible for
ations and maintenance of temporary and permanent BMPs to ensure proper and continuous
tion. The Operations and Maintenance Plan and records of all maintenance tasks as
)rmed shall be retained on site.
Operations and Maintenance Plan shall include, but is not limited to:
A) Identification of person(s) or position title responsible for all tasks in the plan, either:
1) The property owner or the Homeowner's Association (HOA), if the facility is part
of a subdivision;
2) The City; or
3) Any other party designated by written, signed agreement;
B) Inspection requirements;
C) Maintenance requirements, including:
1) Vegetation maintenance;
2) Debris removal;
3) Mechanical equipment check;
4) Ensure no erosion or slope failure;
5) Sediment removal; and
6) Repair and replacement of defective features; and
D) All specifications of maintenance casements dedicated to the City to allow for safe access
for inspections and maintenance.
) Adherence with Local Guidelines
Activities outlined in the Operations and Maintenance Plan shall adhere to all design criteria in
he Lubbock Drainage Criteria Manual and.'or Integrated Stormwater Management Manual
Page 10 of 14
(iS'WWr4) regarding operation and maintenance of stormwater facilities. Inspection and
maintenance requirements may be altered or increased if the City deems it necessary to maintain
the proper function of the stormwater facility.
3) Transfer of Ownership
Cleaning and repair of permanent BMPs should be completed before transfer of ownership.
See.22.11.040 Enforcement
�(a) Enforcement responsibility, The stormwater engineer or his/her designee shall have the
responsibility for enforcement of the provisions of this article. The duties of such designee shall
include the responsibility of ensuring that all facilities and construction sites conform with this
article and to any other applicable state and federal laws, requirements and regulations of this
Code of Ordinances, or otherwise of the City of Lubbock. The city manager shall have the
authority to adopt policies and procedures consistent with the terms of this article necessary to
implement its provisions.
(b) Violations. It shall be unlawful for any person to violate any provision or fail to comply
with any of the requirements of this article. Any person who has violated or continues to violate
the provisions of this article, will be subject to the enforcement actions outlined in this section or
,may be restrained by injunction or otherwise abated in a manner provided by law. The penalties
set forth herein are nonprogressive, and may be assessed in any order.
;c) Nuisances.
(1) An actual or threatened discharge to the MS4 or waters of the United States that
violates or would violate this article shall be deemed a nuisance.
(2) A line conveying sanitary sewage or designed to convey sanitary sewage that is
connected to the MS4 or waters of the United States shall be deemed a nuisance.
(3) Any premises upon which mobile wash cleaning wastewater has accumulated
and which is emitting noxious or offensive odors, or which is creating an unsanitary
condition, or which is injurious to the public health or the environment, shall be
deemed a nuisance.
(4) If City inspection personnel discover malfunctioning or improperly maintained
post -construction stormwater facilities, or facilities that have become a danger to
public safety, shall be deemed a nuisance.
;d) Notice of violations/administrative appeals, interpretations, and variances.
(1) If the stormwater engineer determines that there is a violation of this article,
written notice shall be served upon the property owner, operator of record, or
responsible party of the construction site or facility.
(2) The notice shall specify the measures, as appropriate, required to attain full
compliance with this article, and further shall specify the time within which such
Page 11 of 14
measures shall be completed. Failure by the property owner, operator of record, or
responsible party of the construction site or facility to comply within the time
specified shall be deemed to be a violation of this article subject to the penalties
outlined herein.
(3) Any appeals or interpretations of, or variances to, administrative decisions of
the stormwater engineer shall first be to the director of public works, then to the
permit and license appeal board, then to a court of competent jurisdiction, including
municipal court.
(4) Written request for an appeal, interpretation or variance of an administrative
decision must be made within ten (10) days of receipt of violation or claim.
,e) Stop -work orders.
(1) The stormwater engineer shall retain the authority to issue stop -work orders for
any construction site in violation of this article.
(2) If the stormwater engineer determines that compliance subsequent to a notice of
violation is not being attained, that a construction site is operating in a dangerous or
unsafe manner, or that conditions exist at a construction site that may lead to an illicit
discharge, upon written notice of an issuance of a stop -work order, such work or
conditions shall be immediately terminated or remedied. Written notice of such notice
shall be provided to the property owner, operator of record, or responsible party of the
construction site and shall state the conditions under which work may be resumed.
However, where an emergency exists which may result in discharge of hazardous
materials or other discharges which pose an immediate threat to health and safety, or
are likely to result in immediate injury and harm to property, natural resources,
wildlife, or habitat written notice shall be delivered as soon as practicable.
(3) Failure to comply with a stop -work order shall be deemed to be a violation of
this article subject to the penalties outlined herein.
J) Penalties and violations.
(1) Violations of provisions of this article or failure to comply with any of its
requirements (including violations of conditions and safeguards established in
connection with approval of variances) shall constitute an offense punishable by a
fine not to exceed $2,000.00 per violation per day. Any person who violates this
article shall upon conviction thereof be fined in accordance with section 1.01.004
General Provisions of this code. Each day such violation continues shall be
considered a separate offense.
(2) The owner or operator of any facility, construction site, structure, premises, or
part thereof, and any architect, builder, contractor, agent, or other person who
commits, participates in, assists in, or maintains such violation may each be found
guilty of a separate offense and suffer the penalties herein provided.
Page 12 of 14
(3) Nothing herein contained shall prevent the city from taking such other la
action as is necessary to prevent or remedy any violation.
SECTION 4. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
by adding a section, to be numbered 22.11.041, which said section reads as follows:
Sec. 22.11.041 Judicial enforcement remedies
(a) Injunctive relief. When the stormwater engineer finds that a person has violated, a
continues to violate, any provision of this article, or any order issued hereunder, the stormwate
engineer may petition any court of competent jurisdiction, as appropriate, which restrains c
compels the specific performance by that person of any requirement imposed by this article c
any order issued hereunder. The stormwater engineer may also seek such other action as i
appropriate for legal and/or equitable relief, including a requirement for a violator to conduc
environmental remediation, abatement, or restoration. A petition for injunctive relief shall not b
a bar against, or a prerequisite for, taking any other action against a violator.
(b) Penalties.
(1) Any person who has violated any provision of this article, or any order is
hereunder, shall, upon conviction, be punishable by a fine not to exceed two thoi
dollars ($2,000.00) per violation per day, or any greater fine that is authorized by
law, as provided by section 1.01.004 General Provisions of this code.
(c) Civil suit under the Texas Water Code. Whenever it appears that a violation of any
provision of section 26.121 of the Texas Water Code, or any rule, permit, or order of the TCEQ,
has occurred or is occurring within the jurisdiction of the City of Lubbock, exclusive of its
extraterritorial jurisdiction, the city, in the same manner as the TCEQ, may have a suit instituted
in a state district court, through its attorney, for the injunctive relief or civil penalties or both
authorized in chapter 7 of the Texas Water Code, against the person who committed or is
committing or threatening to commit the violation. This power is exercised pursuant to chapter 7
of the Texas Water Code, and in suits brought thereunder, the TCEQ shall be a necessary and
indispensable party.
(d) Remedies nonexclusive. The remedies provided for in this article are not exclusive. The
city may take any, all, or any combination of these actions against a violator. The city is
empowered to take more than one enforcement action against any violator. These actions may be
taken concurrently. All remedies are cumulative,
SECTION 5. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance
shall not be affected thereby.
SECTION 6. THAT a violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable in accordance with state law and Section 1.01.004 of the Code of
Ordinances of the City of Lubbock.
Page 13 of 14
SECTION 7. THAT the City Secretary of the City of Lubbock, Texas, is hereby
zed and directed to cause publication of the descriptive caption of this Ordinance as an,
ive means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this — 14th day of — April , 2020.
Passed by the City Council on second reading this 28th day of April , 2020.
DANIEL M. POPE, MAYOR
TTEST:
IW
Garza, City Secre ary
PPROVED AS TO C
Assistant
PPROVED AS TO FORM:
li Leisure, Assistant City Attorney
OrdAmend Stormwater PostConstruction
Page 14 of 14