HomeMy WebLinkAbout022583 ORD - 05/28/1996AN ORDINANCE
REGULATING THE DISCHARGE OF CERTAIN MATERIALS
INTO THE CITY OF CORPUS CHRISTI MUNICIPAL
SEPARATE STORM SEWER SYSTEM; PROVIDING A
PENALTY FOR THE VIOLATION OF SUCH PROVISIONS;
AND DIRECTING PUBLICATION OF SUBJECT ORDINANCE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Chapter 55 of the Corpus Christi Code of Ordinances is hereby amended by
addition of Article XVI to be entitled, "Prohibition of Pollution of the Municipal Separate Storm
Sewer System (MS4)," and include the following section to read as follows:
Article XVI. Prohibition of Pollution of the Municipal Separate Storm Sewer System (MS4).
Sec. 55-201. General Provisions.
(a) No person may intentionally discharge into the municipal storm sewer system grass clippings,
leaf litter and animal wastes in massed quantities (e.g., dumping of bags of collected leaves and grass
clippings in the system). It shall be a defense to prosecution that these wastes occurred naturally or
from normal landscape maintenance (e.g., leaves falling from trees, grass clippings left on lawns).
Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited.
(b) Swimming pool water shall not be a prohibited discharge, provided that the discharge has been
tested using a method approved by the Director of Public Health to assure that it will not contain a
harmful level of chlorine or other pollutants when it reaches streams, lakes or bays.
(c) Except as otherwise provided in subsections (a) and (b), no person may discharge the following
into the municipal separate storm sewer system:
(1) an illicit discharge (e.g. a discharge of other than storm water), including artesian well
water, cooling water (including contact and non -contact cooling water and treated and
untreated cooling water), ground water, subsurface drainage, industrial wastewater, water
from a well;
[However the following discharges may be put into the municipal separate storm sewer
system -- a discharge under a valid National Pollution Discharge Elimination System
(NPDES) permit, a discharge resulting from fire fighting activities, a discharge resulting
from washing an automobile at a residence or at a charitable car wash, a discharge of potable
water, a discharge of any surface waters (including water from diverted stream flows,
uncontaminated rising ground water, water from foundation drains, crawl space pumps, &
footing drains, water from springs, and flows from riparian habitats and wetlands), a
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discharge resulting from flushing a water supply line, a discharge of street wash water, a non -
point source discharge from agricultural activities (including return flows from irrigated
agriculture), or condensate from cooling systems]
(2) an illegal discharge (e.g., a discharge of any substance that is prohibited from being
discharged into the waters of the United States or the State of Texas, or a tributary to those
waters, by any Federal or State law);
(3) a direct discharge of a pesticide or fertilizer;
(4) a pollutant or wastewater, other than storm water or a discharge that is not classified as
an illicit discharge in subsections (b) and (c)(1) of this section, that is prohibited from being
discharged into the publicly owned treatment works (POTW) by section 55-141(a) of this
chapter; or
(5) solid wastes, including animal wastes (including an animal carcass, animal parts or scrap,
excrement, grease of animal origin, offal, paunch manure, & urine), ashes or clinkers,
construction/demolition materials, dirt or other fill material, debris, floatable, garbage, heavy
brush, household appliance, household hazardous waste (any hazardous waste from
chemicals or other substances utilized for residential or housekeeping purposes, including,
but not be limited to, bleaches, drain cleaners, paint, paint thinners, and solvents), industrial
or commercial wastes, medical wastes refuse, sewage, used motor vehicle fluids (including
motor oils, anti -freeze and solutions containing anti -freeze, brake fluids, transmission fluids,
and other lubricants that have been drained from or any excess materials remaining after
servicing a vehicle or piece of equipment), yard waste (including grass clippings, weeds,
leaves, mulch, trees and shrub limbs, or other plant material).
(d) Over spray and small amounts of runoff from irrigation of vegetation that pools in a gutter or on
a road surface, but does not flow in a steady stream into any manhole or catch basin, is not
considered an illicit discharge into the municipal separate storm sewage system.
(e) A person may raise as a defense to prosecution for a violation of subsections (c) and (d) of this
section that the illicit discharge was uncontaminated. An illicit discharge is considered
uncontaminated if the quality of the water is equal to or better than the quality of the first natural
body of water into which a portion of the municipal separate storm sewage system flows (receiving
waters), including the Cayo del Oso, Corpus Christi Bay, Nueces Bay, Nueces River, Oso Creek,
or Upper Laguna Madre. The results of the last water quality test of the receiving waters published
by the Superintendent with the City Secretary will constitute prima facie evidence of the quality of
the receiving waters.
(f) Nothing in this article prevents the placement of solid wastes scheduled for pickup at a location
designated by the Director of Solid Waste Services.
(g) Runoff from any effort to remove graffiti from buildings or other structures is not considered an
illicit discharge into the municipal separate storm sewage system.
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(h) Nothing in this section prohibits any activities relating to the construction, maintenance, or
operation of the municipal separate storm sewage system.
(i) Notwithstanding subsection (c) of this section, a person may discharge any substance or material
specified, if at the time of discharge, the discharge of the substance or material was authorized by
a valid permit from the Texas Natural Resource Commission or United States Environmental
Protection Agency and the discharge was in compliance with all requirements contained in the
permit.
SECTION 2. Section 12-4 of the Code of Ordinances is amended by adding "Except as
otherwise provided," at the beginning of the section.
"Sec. 12-4. Depositing refuse in public waters.
"Except as otherwise provided in this Code. N no person shall sweep, throw or deposit in any waters
of Corpus Christi Bay, Nueces Bay, Oso Bay or any of the public waters of the city, any garbage,
trash, rubbish or waste material in any manner. Such articles forbidden to be placed or permitted to
get into said water areas include: Waste foods, fish, brush, garbage, wood, boxes, crates, cartons,
pieces of paper, waste paper, newspapers or any paper material, or any discarded animal or vegetable
material. It shall also be an offense to deposit or leave on the land area any of the articles mentioned
above in such a way as to be carried into the waters of said water areas of the city by tides, drainage
waters or other elements."
SECTION 3. Section 23-63 of the Code of Ordinances is amended by adding ", unless
placed for collection by Solid Waste Services or a private solid waste collection service at a location
designated by the Director of Solid Waste Services" at the end of the first paragraph of the section.
"Sec. 23-63. Placing or depositing excrement, paper, rubbish, garbage, etc., in public place.
"It shall be unlawful for any person to place or deposit or permit to be placed or deposited any
excrement, offal, urine, paper, circulars, rubbish, garbage or any kind of waste material or substance
whatsoever in any public place within the corporate limits of the city. unless placed for collection
by Solid Waste Services or a private solid waste collection service at a location designated by the
Director of Solid Waste Services.
"All streets, alleys, sidewalks, parks, passageways and walkways, generally used by pedestrians,
municipal piers, buildings used for religious worship or educational purposes, buildings where
people congregate or assemble for the purpose of business, pleasure or amusement, and buildings
owned by the United States, the state, county or the city, situated within the corporate limits of the
city, are hereby declared to be public places within the provisions of and for the purposes of this
section."
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SECTION 4. Section 23-64 of the Code of Ordinances is amended to read as follows:
"Sec. 23-64. Throwing waste or refuse into sewer, manhole, etc.
"Any person who shall deposit or throw into any sanitary sewer, manhole, ccaczachabasi11 or flush tank
or into any private drain connecting with, or which drains into any public sanitary sewer, any waste
or refuse or any other substance shall be guilty of a misdemeanor.
"As used in this section, the terms "waste" or "refuse" shall include oil and grease and waste
petroleum products, earth, straw, hay, shavings, tinners' scrap, refuse of manufacturers, ashes and
rags. This definition is not intended to be exclusive and the practice prohibited in this section shall
include the deposit or throwing of all substances which impair the operation of the city's sewage
disposal plant, the sanitary sewer systembl th., stvnll scw, -ay ,kin, or any part thereof of the city.
"If any partnership shall own or manage any place of business wherein any act prohibited by this
section is permitted, each partner shall be deemed guilty, individually and severally, of such
violation. If any corporation shall own or manage any business place or building where any act
prohibited by this section is permitted in violation of this section, the president, vice-president and
the secretary -treasurer shall, individually and severally, be deemed guilty of such violation as shall
all of its supervisors, agents and managers directly involved in the management of such business
place or building. Each day of operation in violation of this section shall be deemed a separate
offense."
SECTION 5. Section 49-6 of the Code of Ordinances is amended to by deleting the phrase
"or into any gutter, catch basin or inlet of any storm sewer or into any storm sewer in any of the
streets of the city" from the first paragraph of the section.
"Sec. 49-6. Injurious substances upon paved streets, etc.
"It shall be unlawful for any person to throw any wastewater, oil, slops, salt or other injurious or
objectionable substance or liquid upon any of the paved streets of the city er :nte any g .tte1, "t h
l "�:.. .:,,lct of a 1y otlhilr scw r a, i11te nny st ,.1n 3ev er h. ar,y of the stle is of the city.
"It shall likewise be unlawful for any person to operate or stand any vehicle upon the paved streets
of the city from which vehicle oil or any other injurious substance escapes and falls or drips upon
the paved streets of the city."
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SECTION 6. Subsection (g) of section 55-141 of the Code of Ordinances is repealed.
Sec. 55-141. General sewer use requirements.
* * * * *
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Chi isti, Tcxas, or in any alea unde. theittristlietiett of the city.
Cernservatio11 Ce111missio11, e, sueeesser g lley to tllc TWC, 110 person may d.,Yosit
of the city.
SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
SECTION 8. This ordinance shall take effect sixty (60) days from the date of passage.
However, the City Manager may delay the application of the effective date for any provision of this
ordinance to any person or class of persons where there is no reasonable or practical way for the
person to comply with the terms of the ordinance within the time allowed for compliance.
SECTION 9. Violations of this ordinance shall be punished under Section 1-6 of this code.
SECTION 10. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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That the foregoing ordinance was read for the first time and passed to its second reading on
this the 21 day of d , 1961(p , by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
That the foregoing ordinance
of KAQI,i , 19
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Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
PASSED AND APPROVED, this the 2-k5 day of kAOlr, 1996.
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
as read for the second time and passed finally on this the 2e day
by the following vote:
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
aqs
ATTEST:
/s/ Armando Chapa
Armando Chapa, City Secretary
APPROVED THIS o2 / DAY OF
James R. Bray, Jr., City Attorne
By:
/'s/ Mary odes
Mayor
The City of Corpus Christi
R. Jay
Assis t ity Attorney
, 1996.
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PUBLISHER'S Alt 'DAVIT
State of Texas, } CITY OF CORPUS CHRISTI
County of Nueces } ss: Ad # 648697
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in
said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb
Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022583
which the annexted is a true copy, was published in the Corpus Christi Caller -Times on the 3RD
day(s) of JUNE. 1996.
ONE (1) Time(s)
$ 33.30
Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 17TH day of
JUNE. 1996.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
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