§ 38-206. Construction sites that discharge stormwater associated with construction activity.

(1)

All development or redevelopment plans for property that is equal to or greater than one acre shall be submitted to the city building official for review for compliance with TPDES General Permit No. TXR150000. No building or construction permit will be issued until it is in compliance with the requirements of General Permit No. TXR150000 or an alternative TPDES permit issued by the Texas Commission on Environmental Quality (the "TCEQ"), or its successor.

(2)

All development or redevelopment plans for property that is less than one acre and part of a larger common plan of development, as that term is defined in the TPDES General Permit No. TXR150000, shall be submitted to the city building official for review for compliance with TPDES General Permit No. TXR150000. No building or construction permit will be issued until it is in compliance with the requirements of TPDES General Permit No. TXR150000 or an alternative TPDES permit issued by the TCEQ, or its successor.

(3)

It shall be unlawful for a person to commence construction within the city without authorization pursuant to TPDES General Permit No. TXR150000 or an alternative TPDES permit issued by the TCEQ, or its successor. "Commence construction" shall mean the initial disturbance of soils associated with the clearing, grading, or excavation activities, as well as other construction-related activities (e.g., stockpiling of fill material, demolition).

(4)

All construction activity within the city covered by TPDES General Permit No. TXR150000 shall be conducted in accordance with the requirements set forth in such permit and any orders issued by the TCEQ or its successor.

(5)

Inspectors for the city shall be allowed entry to and permitted to inspect any construction facility or site.

(6)

A person that violates, fails or refuses to comply with any of the requirements of TPDES General Permit No. TXR150000, including stormwater discharges, commits an offense.

(7)

A person required to submit a written submission to the executive director of the TCEQ requesting coverage under TPDES General Permit No. TXR150000 ("NOI") commits an offense if such person operates a facility or site that is discharging stormwater associated with construction activity without having submitted a copy of the NOI to the city building official.

(8)

A person required to submit a written submission to the executive director of the TCEQ requesting termination of coverage under TPDES General Permit No. TXR150000 ("NOT") commits an offense if said person operates a facility or site that is discharging stormwater associated with construction activity without having submitted a copy of the NOT to the city building official.

(9)

TPDES General Permit No. TXR150000 is incorporated into this article as though set forth in its entirety and a copy of TPDES General Permit No. TXR150000 will be kept on file in the city secretary's office for inspection during normal business hours.

(Ord. No. 960, § 1, 4-13-2011)