Title
Consider adopting Ordinance No. 3718 amending Chapter 86 and 34 of the Code of Ordinances establishing regulatory authority and providing definitions and regulations for the detection and elimination of illicit discharges to the storm drains; and take appropriate action
Body
BACKGROUND:
The Clean Water Act (CWA) was enacted by the United States Congress in 1977, and amended the Act in 1987. The purpose of the legislation is to protect the Nation’s waters. The CWA directs the U.S. Environmental Protection Agency (EPA) to issue rules on how to implement the phased approach of the National Pollutant Discharge Elimination System (NPDES), which regulates urban stormwater runoff. The federal regulations establish the program framework and baseline expectations, while the EPA defines the requirements to meet the federal permit standards.
Once federal regulations are established by the EPA, the state of Texas reviews the regulations develops its permitting process and requirements to implement the NDPDES. With respect to cities, there have been two phases for implementation based on population size: Phase I and Phase II. Larger cities were categorized as Phase I cities and were permitted first. Smaller cities were categorized as Phase II and were permitted later. The City of Farmers Branch operates a regulated, Level 2, Phase II small Municipal Separate Storm Sewer System (MS4). As a designated small MS4 operator, the City of Farmers Branch must comply with the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR04000, which was first issued in August 2007. The permit regulates non-point source pollution and prohibits the discharge of anything not composed entirely of stormwater to the storm drain. The permit also specifies that where discharges will reach waters of the United States, a stormwater management program (SWMP) must be developed and implemented, and includes minimum requirements for the SWMP.
Small MS4s located in the state of Texas may discharge directly to the surface water only according to requirements and conditions set forth in this General Permit. The General Permit is reissued approximately every five years. To comply with the permit, Farmers Branch submits a Storm Water Management Plan (SWMP) with selected Best Management Practices (BMPs). The Best Management Practices address the following control measures:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination (IDDE)
3. Construction Site Stormwater Runoff Control
4. Post Construction Stormwater Management in New & Redevelopment
5. Pollution Prevention and Good Housekeeping for Municipal Operation
DISCUSSION:
Although all five of the control measures are critical to the City’s SWMP, Ordinance No. 3718 focuses on Illicit Discharge Detection and Elimination (IDDE). The City code does not currently have a standalone IDDE ordinance. Small MS4 operators such as the City of Farmers Branch are required to develop, implement, and enforce a program to detect and eliminate illicit discharges in to the MS4. The City is required to respond to complaints about illicit discharges or spills and to actively seek out illicit discharges and behaviors that could result in illicit discharges such as illegal connection to the MS4, improper disposal of wastes, or the dumping of chemicals into the MS4. Ordinance 3718 combines Sections of Chapter 86 with Sections of Chapter 34 and adds additional definitions and regulations to meet the IDDE control measure requirements.
The proposed ordinance provide many new definitions for many of the terms used in permitting and regulating stormwater, including Illicit Discharge. Illicit discharge means any discharge to a municipal separate storm sewer system that is not entirely composed of stormwater; however the General Permit does list allowable non-stormwater discharges. The ordinance update proposes to include those allowable discharges as affirmative defenses. Affirmative defenses include, but are not limited to the following:
• Water line flushing (excluding hyper-chlorinated water, unless the water is first de-chlorinated and discharges are not expected to adversely affect aquatic life)
• Runoff or return flow from landscape and lawn irrigation
• Foundation and footing drains
• Air conditioning condensation
• Individual residential vehicle washing
• Flows from wetlands, riparian habitats, rising ground water or springs
• Dechlorinated swimming pool discharges that do not violate the Texas Surface Water Quality Standards
• Street wash water excluding street sweeper waste water
• Discharges or flows from emergency firefighting activities
The Ordinance clearly establishes the City’s regulatory authority to prohibit illicit discharges and illicit connections to the City MS4. It also clearly establishes the City’s authority to respond and contain releases and provides enforcement remedies to unauthorized discharges, including suspension or termination of MS4 access and judicial remedies and penalties of a fine up to $2,000 per violation per day. The ordinance also clearly establishes the City’s authority to enter and inspect private properties that may be or have the potential to be sources of illicit discharges, illicit connections, and/or non-stormwater discharges to the MS4.
DISTRICT:
Citywide
RECOMMENDATION:
City Administration recommends adopting Ordinance No. 3718 amending Chapter 86 and 34 of the Code of Ordinances establishing regulatory authority and providing definitions and regulations for the detection and elimination of illicit discharges to the storm drains.
POSSIBLE COUNCIL ACTION:
1. I move to approve adopt Ordinance No. 3718 as presented.
2. I move to approve adopt Ordinance No. 3718, with modifications.
3. I move to table the issue for further study or take no action.
ATTACHMENT(S):
1. Ordinance No. 3718
2. Freese and Nichols Stormwater Ordinance Memo
3. Ordinance No. 3718 Presentation