(f) No person shall introduce or cause to be introduced into the MS4 any harmful quantity of concrete, asphalt, sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable.
(g) No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue.
(a) Applicability for industrial and construction activity.
(1) This section applies to all facilities and construction sites located within the city limits or otherwise subject to the regulatory authority of the City of Lubbock that have stormwater discharges associated with industrial activity or construction site activity.
(2) State of Texas regulations require that subject facilities apply for and obtain general permits for industrial facilities (TPDES TXR050000) and construction sites (TXR150000) that have been determined to contribute or have the potential to contribute substantial pollutant loads to the municipal stormwater drainage system or waters of the state. The general permits require that the permittee develop, implement, and maintain a stormwater pollution prevention plan (SWP3) and submit a notice of intent notifying the TCEQ and the municipal stormwater drainage system operator (City of Lubbock).
(3) The MS4 permit issued to the City of Lubbock by the TCEQ mandates that the City of Lubbock "Carry out all inspections, surveillance, and monitoring procedures necessary to determine compliance with permit conditions" (Part III (E)(6)) and implement a program that includes "Inspection of construction sites and enforcement of control measure requirements" (Part III (B)(9)(b)).
d) Review and modifications of best management practices (BMPs).
(1) Any person engaged in activities or operation, or owning facilities or property, which will or may result in pollutants entering the MS4 or waters of the United States by means of wind and/or precipitation, shall implement BMP’s to the MEP to prevent and reduce such pollutants. The owner or operator of a regulated facility shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or waters of the United States. Practices implemented to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator’s expense.
(2) The City of Lubbock will maintain a list of approved BMP’s within the City of Lubbock’s Drainage Criteria Manual. The stormwater engineer may request a demonstration of the effectiveness of implemented BMP’s.
(3) The stormwater engineer may require an operator of a regulated facility to modify its BMP’s if, in the best professional judgment of the stormwater engineer, the BMP’s do not provide effective protection from accidental discharge of prohibited materials or other wastes from entering into the municipal stormwater drainage system or waters of the United States.
(4) The deficiencies in a facilities BMP’s will be communicated in writing, and the stormwater engineer will provide the operator a reasonable amount of time, not to exceed sixty (60) days, to make the necessary changes in the BMP’s. Permit time requirements for controlling pollutants in runoff shall remain applicable.
(a) 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.
(b) All owners of a permanent stormwater facilities shall submit to the city an operations and maintenance plan as directed in the Lubbock Drainage Criteria Manual.
(1) Operations and maintenance plan requirements.
(A)The operations and maintenance plan must clearly identify the person(s) responsible for operations and maintenance of temporary and permanent BMPs to ensure proper and continuous function. The operations and maintenance plan and records of all maintenance tasks as performed shall be retained on site.
(B) The operations and maintenance plan shall include, but is not limited to:
(i) Identification of person(s) or position title responsible for all tasks in the plan, either:
a. The property owner or the homeowner’s association (HOA), if the facility is part of a subdivision;
b. The city; or
c. Any other party designated by written, signed agreement;
(ii) Inspection requirements;
(iii) Maintenance requirements, including:
a. Vegetation maintenance;
b. Debris removal;
c. Mechanical equipment check;
d. Ensure no erosion or slope failure;
e. Sediment removal; and
f. Repair and replacement of defective features; and
(iv) All specifications of maintenance easements dedicated to the city to allow for safe access for inspections and maintenance.
(2) Adherence with local guidelines.
Activities outlined in the operations and maintenance plan shall adhere to all design criteria in the Lubbock Drainage Criteria Manual and/or Integrated Stormwater Management Manual (iSWMTM) 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.
(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.
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.
(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 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.
(f) 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.
(3) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
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