§ 41-62. Specific prohibitions and requirements.

(a)

The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by this chapter.

(b)

No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the city to violate a water quality standard, the city's NPDES permit, or any state-issued discharge permit for discharges from its MS4.

(c)

No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4:

(1)

Any used motor oil, antifreeze, or any other motor vehicle fluid;

(2)

Any industrial waste;

(3)

Any hazardous waste, including hazardous household waste;

(4)

Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste;

(5)

Any garbage, rubbish, or yard waste;

(6)

Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus or heavy equipment, by a business or public entity that operates more than two (2) such vehicles;

(7)

Any wastewater from washing, cleaning, de-icing, or other maintenance of aircraft;

(8)

Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any soap, detergent, degreaser, solvent, or any other harmful cleaning substance;

(9)

Any wastewater from commercial floor, rug, or carpet cleaning;

(10)

Any wastewater from the washdown or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning substance; or any wastewater from the washdown or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all harmful quantities of the released material have been previously removed;

(11)

Any effluent from a cooling tower condenser, compressor, emissions scrubber, emissions filter or the blowdown from a boiler;

(12)

Any commercial runoff or washdown water from any animal pen, kennel or fowl or livestock containment area;

(13)

Any filter backwash from a swimming pool or fountain;

(14)

Any swimming pool water containing any harmful quantity of chlorine, muriatic acid, or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;

(15)

Any discharge from water line disinfection by superchlorination or other means if the total residual chlorine it contains any harmful quantity of chlorine or any other chemical used in line disinfection;

(16)

Any fire protection water containing oil or hazardous substances or materials that the Fire Code in this Code requires to be contained and treated prior to discharge, unless treatment adequate to remove pollutants occurs prior to discharge. (This prohibition does not apply to discharges or flow from fire fighting by the fire department.);

(17)

Any water from a water curtain in a spray room used for painting vehicles or equipment;

(18)

Any contaminated runoff from a vehicle wrecking yard;

(19)

Any substance or material that will damage, block, or clog the MS4;

(20)

Any release from a petroleum storage tank (PST); any leachate or runoff from soil contaminated by a leaking PST; or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release unless the discharge:

a.

Is in compliance with all state and federal standards and requirements; and

b.

Does not contain a harmful quantity of any pollutant;

(d)

No person shall introduce or cause be introduced into the MS4 any harmful quantity of 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.

(e)

No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue.

(f)

No person shall cause or allow any pavement washwater from a service station to be discharged into the MS4 unless such washwater has passed through a properly functioning and maintained, grease, oil, and sand interceptor before discharge into the MS4.

(g)

Regulation of pesticides, herbicides, and fertilizers.

(1)

Any sale, distribution, application, labeling, manufacture, transportation, storage, or disposal of a pesticide, herbicide, or fertilizer must comply fully with all state and federal statutes and regulations including, without limitation, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and all federal regulations promulgated pursuant to FIFRA; Chapters 63, 75, and 76 of the Texas Agriculture Code and all state regulations promulgated pursuant to it; and any other state or federal requirement.

(2)

Any license, permit, registration certification, or evidence of financial responsibility required by state or federal law for sale, distribution, application, manufacturer transportation, storage, or disposal of a pesticide herbicide or fertilizer must be presented to the director or his/her delegate and any city law enforcement officer for examination upon request.

(3)

No person shall use or cause to be used any pesticide or herbicide contrary to any directions for use on any labeling required by state or federal statute or regulation.

(4)

No person shall use or cause to be used any pesticide, herbicide, or fertilizer in any manner that the person knows or reasonably should know, is likely to cause, or does cause, a harmful quantity of the pesticide, herbicide, or fertilizer to enter the MS4 or waters of the United States.

(5)

No person shall dispose of, discard, store, or transport a pesticide, herbicide, or fertilizer or a pesticide, herbicide, or fertilizer container in a manner that the person knows or reasonably should know is likely to cause or does cause a harmful quantity of the pesticide, herbicide or fertilizer to enter the MS4 or waters of the United States.

(h)

Used-oil regulation.

(1)

No person shall:

a.

Discharge used oil into the MS4 or a sewer, drainage system, septic tank, surface water, groundwater, or water course;

b.

Knowingly mix or commingle used oil with solid waste that is to be disposed of in a landfill or knowingly directly dispose of used oil on land or in a landfill;

c.

Apply used oil to a road or land for dust suppression, weed abatement, or other similar use that introduces used oil into the environment.

(2)

All businesses that change motor oil for the public, municipal waste landfills are encouraged to serve as public used oil collection centers as provided by state statute in Section 371.024 of the Texas Health & Safety Code.

(i)

Erosion control. It is unlawful for any person having control of real property in the city to suffer or permit soil, rock, mud, or debris to wash, slide, or otherwise be moved from the real property onto any adjacent property, street, alley, utility facility, right-of-way, or easement through erosion. Any person in control of real property shall:

(1)

Prevent soil, mud, rock, or debris from being deposited on or transported through erosion to any adjacent property, street, alley, utility facility, right-of-way, or easement;

(2)

Inspect the property and acquaint himself or herself with the conditions existing; and

(3)

Remedy any condition that might allow soil, mud, rock, or debris to wash, slide, or otherwise be transported to any adjacent property, street, alley, utility facility, right-of-way, or easement through erosion.

(Ord. No. 8140, § 1, 3-20-03)