Ord 10-05
Ord 10-05
CITY COMMISSION AGENDA
- Meeting Date:
- 02/17/2010
- Title:
- Storm Water Ordinance
- Submitted By:
- Ron Dysart, Public Works
- Department:
- Public Works
ACTION REQUEST (Brief Summary)
Request first reading of Storm Water Ordinance.
BACKGROUND
Required by TCEQ MS4 Permit. The State of Texas assumed the authority to administer the National Pollutant Discharge Elimination System (NPDES) program in Texas in 1998. NPDES is a federal regulatory program to control discharges of pollutants to surface waters of the United States. The Texas Commission on Environmental Quality's (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) program now has federal regulatory authority over most discharges of pollutants to Texas surface water.
The national storm water regulations originally applied only to cities with populations larger than 100,000. The NPDES Phase II rule, promulgated in December 1999, expanded the scope of the NPDES program to include smaller local governments. Texas City and other small municipalities with populations fewer than 100,000 that manage their storm water facilities are now regulated as Phase II municipalities under the NPDES/TPDES municipal separate storm sewer system (MS4) permit requirements. The TCEQ adopted the NPDES phase II requirements as of August 13, 2007 and will issue a General Permit for storm water discharges from Phase II cities in Texas no later than February 11, 2008. Phase II cities will be required to obtain permit coverage within 90 days of the permit issuance date. According to the draft permit, the City will be given five years to fully implement a Storm Water Management Program (SWMP) once the final permit is issued. The City will be required to submit annual reports to TCEQ during this time.
The City of Texas City, as an operator of a small MS4, will be required to reduce the discharge of pollutants to water of the State and the United States to the “maximum extent practicable” to protect water quality. At a minimum, the permit will require a SWMP that addresses the following issues:
• Specify Best Management Practices (BMPs) for six minimum control measures (MCMs) and implement them to the “maximum extent practicable”
• Identify measurable goals for these control measures
• Develop an implementation schedule for these control measures or frequency of activities and;
The final rule requires the permit tee to choose appropriate BMPs for each of six MCMs. In other words, the EPA expects Phase II permit tees to tailor their storm water management plans and their BMPs to fit the particular characteristics and needs of the permit tee and the area served by its MS4. Therefore, the Federal or State operator of a regulated storm sewer system can take advantage of the flexibility provided by the rule to utilize the most suitable MCMs for its MS4.
To qualify for permit coverage, the MS4 must develop a SWMP that describes the BMPs they will develop and implement to minimize the discharge of pollutants from the MS4 to the maximum extent practicable. The six MCMs as defined by the EPA are as follows:
• Public Education and Outreach - The MS4 is required to develop and implement a Public Education Program, or equivalent outreach activities, to distribute information to the community about impacts of storm water discharges on water bodies and steps the public can take to reduce pollutants in storm water runoff.
• Public Involvement and Participation - The MS4 is required to, at a minimum, comply with State/Local notice requirements and is recommended to include public in developing/implementing/reviewing the SWMP and engage all economic and ethnic groups.
• Illicit Discharge Detection and Elimination – The MS4 must develop, implement, and enforce a program to detect and eliminate illicit discharges. As part of this program, the MS4 must develop a storm sewer system map with locations of all outfalls, establish an ordinance (or other regulatory mechanism) prohibiting illicit discharges, establish enforcement procedures and actions, detect and address illicit discharges (including illegal dumping), and inform employees, businesses and general public of the program.
• Control of Construction Site Runoff – The MS4 is required to develop, implement, and enforce a program to reduce pollutants in runoff from construction activities disturbing greater than or equal to one acre (including smaller sites that are part of a greater common plan of development), with an ordinance (or other regulatory mechanism), sanctions, and procedures. The MS4 must also require construction site operators to implement erosion and sediment control BMPs and to control waste.
• Post-construction Storm water Management – The MS4 is required to develop, implement, and enforce a program for storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre (including smaller sites that are part of a greater common plan of development), with an ordinance (or other regulatory mechanism) to address post-construction runoff, structural and non-structural BMPs appropriate to the community, and ensure adequate long-term operation and maintenance.
• Pollution Prevention and Good Housekeeping – The MS4 is required to develop and implement an operation and maintenance program that has the goal of preventing/reducing pollutant runoff from municipal operations and has an employee training component.
The national storm water regulations originally applied only to cities with populations larger than 100,000. The NPDES Phase II rule, promulgated in December 1999, expanded the scope of the NPDES program to include smaller local governments. Texas City and other small municipalities with populations fewer than 100,000 that manage their storm water facilities are now regulated as Phase II municipalities under the NPDES/TPDES municipal separate storm sewer system (MS4) permit requirements. The TCEQ adopted the NPDES phase II requirements as of August 13, 2007 and will issue a General Permit for storm water discharges from Phase II cities in Texas no later than February 11, 2008. Phase II cities will be required to obtain permit coverage within 90 days of the permit issuance date. According to the draft permit, the City will be given five years to fully implement a Storm Water Management Program (SWMP) once the final permit is issued. The City will be required to submit annual reports to TCEQ during this time.
The City of Texas City, as an operator of a small MS4, will be required to reduce the discharge of pollutants to water of the State and the United States to the “maximum extent practicable” to protect water quality. At a minimum, the permit will require a SWMP that addresses the following issues:
• Specify Best Management Practices (BMPs) for six minimum control measures (MCMs) and implement them to the “maximum extent practicable”
• Identify measurable goals for these control measures
• Develop an implementation schedule for these control measures or frequency of activities and;
The final rule requires the permit tee to choose appropriate BMPs for each of six MCMs. In other words, the EPA expects Phase II permit tees to tailor their storm water management plans and their BMPs to fit the particular characteristics and needs of the permit tee and the area served by its MS4. Therefore, the Federal or State operator of a regulated storm sewer system can take advantage of the flexibility provided by the rule to utilize the most suitable MCMs for its MS4.
To qualify for permit coverage, the MS4 must develop a SWMP that describes the BMPs they will develop and implement to minimize the discharge of pollutants from the MS4 to the maximum extent practicable. The six MCMs as defined by the EPA are as follows:
• Public Education and Outreach - The MS4 is required to develop and implement a Public Education Program, or equivalent outreach activities, to distribute information to the community about impacts of storm water discharges on water bodies and steps the public can take to reduce pollutants in storm water runoff.
• Public Involvement and Participation - The MS4 is required to, at a minimum, comply with State/Local notice requirements and is recommended to include public in developing/implementing/reviewing the SWMP and engage all economic and ethnic groups.
• Illicit Discharge Detection and Elimination – The MS4 must develop, implement, and enforce a program to detect and eliminate illicit discharges. As part of this program, the MS4 must develop a storm sewer system map with locations of all outfalls, establish an ordinance (or other regulatory mechanism) prohibiting illicit discharges, establish enforcement procedures and actions, detect and address illicit discharges (including illegal dumping), and inform employees, businesses and general public of the program.
• Control of Construction Site Runoff – The MS4 is required to develop, implement, and enforce a program to reduce pollutants in runoff from construction activities disturbing greater than or equal to one acre (including smaller sites that are part of a greater common plan of development), with an ordinance (or other regulatory mechanism), sanctions, and procedures. The MS4 must also require construction site operators to implement erosion and sediment control BMPs and to control waste.
• Post-construction Storm water Management – The MS4 is required to develop, implement, and enforce a program for storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre (including smaller sites that are part of a greater common plan of development), with an ordinance (or other regulatory mechanism) to address post-construction runoff, structural and non-structural BMPs appropriate to the community, and ensure adequate long-term operation and maintenance.
• Pollution Prevention and Good Housekeeping – The MS4 is required to develop and implement an operation and maintenance program that has the goal of preventing/reducing pollutant runoff from municipal operations and has an employee training component.
ANALYSIS
Complying with mandatory Storm Water Regulations as directed by the EPA. The City of Texas City was issued an MS4 permit (TXR040024) on 06/02/2009 and must now implement the program strategies.
The number one component of the MS4 permit is to adopt an ordinance, the City has been preparing for this enforcement since 2001, the attached draft ordinance will allow the City to comply with this mandate.
The number one component of the MS4 permit is to adopt an ordinance, the City has been preparing for this enforcement since 2001, the attached draft ordinance will allow the City to comply with this mandate.
ALTERNATIVES CONSIDERED
None.