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ORDINANCE
AMENDING THE ARTICLE X, CHAPTER 14, CODE OF ORDINANCES,
CITY OF CORPUS CHRISTI, REGARDING STORM WATER QUALITY
MANAGEMENT PLANS, POLLUTION CONTROL PLANS, POLLUTION
CONTROL MEASURES, AND SMALL CONSTRUCTION SITE
NOTICES; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 14-1002 is amended by revising the definitions of "pollution
control plan," "receiving waters," "responsible party," and "storm water quality
management plan," to read as follows:
"Sec. 14-1002. Definitions.
"For the purposes of this article, the following terms have the meanings ascribed
to them in this section, unless the context clearly indicates otherwise:
"Pollution control plan means a site plan that contains the following
information:
"a. The outline of the site.
"b`A delineation of the area of the site that will be disturbed by
construction activities,
"c. The direction of flow of storm water drainage entering and
leaving the site. If the drainage pattern will be altered, both the
existing drainage patterns and proposed drainage patterns must be
shown.
"d_A description and location of any existing drainage structures
on the site and any drainage structures that will be constructed on
the site.
"e_A description of how any run-on storm water will be handled,
including sheet flow entering the site from adjoining property.
"f.A description and the location of any environmentally sensitive
area that is located on the site or adjoins the site, which will receive
storm water directly from the site.
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"g The boundary line between the site and any adjoining state
owned submerged land. A preliminary boundary line may be used
in a pollution control plan submitted with a preliminary plat. The
pollution control plan must be amended prior to filing of a final plat,
once a final boundary determination has been approved by the
general land office, to reflect any difference between the
preliminary boundary line and the approved boundary line.
"h. The location of any FEMA Flood insurance Rate Map 100 -Year
Floodplain Boundaries, Floodway Boundaries or FEMA Velocity
Zone Boundaries that encroach on the site. Preliminary boundaries
may be used in the pollution control plan submitted with a
preliminary plat. The pollution control plan must be amended to
reflect any difference between the preliminary boundaries and the
boundaries shown on the final plat.
"L A description and the location of all temporary control measures
that will be implemented and installed during construction to control
erosion, sedimentation, and the discharge of pollution into the city's
municipal separate storm sewer system.
"L.The permanent control measures that will be constructed to
control erosion, sedimentation, and the discharge of pollutants into
the city's municipal separate storm sewer system after completion
of construction.
"Receiving waters means Corpus Christi Bay, Nueces Bay, Oso Bay,
Inner Harbor, Laguna Madre, Nueces River, Oso Creek, West Oso Creek,
Petronilla Creek, and the Gulf of Mexico. The term includes perennial and
intermittent streams that are natural tributaries to those waters, but does
not include manmade drainage structures.
"Responsible party means the owner, occupant, developer, builder, or
general contractor who has operational control over the site specification
(including the ability to make modifications in specifications), or who has
operational control over day to day activities at the site and is able to
ensure compliance with plan requirements and permit conditions (e.g., a
person who is authorized to direct the conduct of workers at the site). Any
person who has filed a notice of intent (NOI) with EPA or TCEQ or posted
a Small Construction Site Notice is presumed to be a responsible party
under this article until the person has filed a notice of termination (NOT)
with EPA or TCEQ or removed a Small Construction Site Notice and sent
the director of developmental services a copy of the NOT or Small
Construction Site Notice with removal date.
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"Storm water quality management plan means a preliminary engineering
report and analysis that provides:
"a. A brief description of the project, with maps showing the area
covered by the plan.
"b. The land use assumptions used. Generally, the most impactive
land use allowed under the current zoning, any changes in the
zoning being proposed, or the applicable area development plan
should be assumed. However, a less impactive land use may be
used if an application is submitted to rezone the tract to a less
impactive land use or the highest use allowed under the current
zoning is less than the use designated in the area development
plan.
"c. Hydraulic calculations based upon established procedures
(such as the rational method).
"d. An on-site drainage plan, which details the direction of flow and
collection structures, including the size and required capacity of the
drainage structures.
"e. The on-site drainage plan should address how run-on storm
water will be handled, including sheet flow entering the site from
adjoining property.
"f_ Demonstrations of the conformance with existing master plan
drainage and/or the need to master plan amendment for both on-
site and off-site improvements. In the absence of a request for
rezoning, the most impactive land use allowed under the current or
proposed zoning will be assumed.
"Delineation of the route of runoff to ultimate outfall. This
information will be used to determine the ultimate capacity for water
quality treatment at an ultimate outfall station.
"h Identification of any environmentally sensitive area that is on
the site, or that would be sensitive to storm water pollution from the
site. Areas of investigation should include, but are not limited to,
water supply sources, recreational waters, wetlands, barrier island
dunes, and other sensitive ecological systems."
*
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SECTION 2. Section 14-1004(b) is revised to read as follows:
"Sec. 14-1004. Special land use requirements.
*
*
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"(b) The owner of a site within the city that is currently being used for one of the
activities described in subsection (a) of this section is not required to physically
after alter the existing facility to comply with this section, unless alterations or
repairs to the facility require the facility to be brought into compliance with the
current technical construction codes requirements under section 14-211(c) of this
Code."
*
SECTION 3. Section 14-1005(a)(1)b. and c. (a)(2) are revised to read as follows:
"Sec. 14-1005. Planning requirements for site development during
construction.
"(a) Development of sites one (1) acre or more.
"(1) An NPDES or TPDES storm water pollution prevention plan is
currently required by EPA or TCEQ for all construction projects where one
(1) or more acres will be disturbed during development. Developments of
sites that disturb one (1) acre or more within the city's jurisdiction must
prepare an NPDES or TPDES storm water pollution prevention plan that
satisfies EPA or TCEQ regulations and the NPDES or TPDES
construction general permit.
* * *
"b. A copy of any notice of intent (NOD provided to EPA or TCEQ
or Construction Site Notice that was posted must be provided to the
director of developmental services. Approval of the elements of the
NPDES or TPDES storm water pollution prevention plan is not
required by the director of developmental services. However, the
director of developmental services or building official may require
correction of any deficiencies in the NPDES or TPDES storm water
pollution prevention plan, and may require additional measures in
order to meet the requirements of section 14-1006, pollution control
measures.
"c. A copy of any notice of termination (NOT) submitted to EPA or
TCEQ or any Small Construction Site Notice that was removed
must be provided to the director of developmental services."
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"(2) Unless the site is a single -lot, single-family residential construction
that is not part of a larger development that requires an NPDES or TPDES
permit, cif the site is one (1) acre or more, but less than one (1) acre and
more than one-quarter (1/4) acre will be disturbed, an NPDES or TPDES
storm water pollution prevention plan is not required, but a pollution
control plan, as defined in section 14-1002, is required, unlesc the site is a
*
*
SECTION 4. Section 14-1006 is revised to read as follows:
"Sec. 14-1006. Pollution control measures.
*
"The responsible party of any construction site within the city shall implement
measures necessary to control erosion, sedimentation, debris, and storm water
pollution. The responsible party is responsible for the maintenance and
performance of the temporary pollution control measures until permanent
measures are in place. The pollution controls are designed to be selected by the
developer based on the most cost effective and appropriate means to provide the
required controls. In instances where a specific pollution problem is not present,
controls are not required. Suggested best management practices are detailed in
Section 4 of the Storm Water Management Guidance Document for Development
Planning and Construction Activities.
"(a) (1) Temporary pollution control measures (during -construction). This
paragraph provides examples of temporary pollution control measures that
can be used to control erosion and sedimentation.
"(1) a. Structural control of soil erosion.
"a-1. Silt fences should may be utilized, where necessary,
to retain the sediments from disturbed areas within the site
and decrease the velocity of sheet flows. [BMP 4.2,1.1 Filter
Fabric Fence]
"1--22Straw bales should --may be utilized, where necessary,
to retain sediments from disturbed areas within the site and
decrease the velocity of sheet flows. Straw bales are
particularly useful in paved areas where silt fences cannot
be erected. [BMP 4.2.2.1 Straw Bale Fence]
"e:-3. Stabilized construction entrances should be designed
to reduce the amount of soil tracked off the construction site
by vehicles leaving the site. A stabilized construction
entrance should be utilized, if necessary, to control tracking.
The responsible party should ensure that vehicles entering
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and leaving the construction site use the stabilized
construction entrance. The owner or operator of a vehicle
entering or leaving a construction site may not track soil off
the construction site unless the operator uses the stabilized
construction entrance. [BMP 4.7.1 Stabilized Access Roads
and Parking Areas]
"d:--4. Vegetative buffer strips, of appropriate size should be
maintained, where necessary and practical, to aid in
reducing the velocity of storm water and in trapping
sediments in the storm water leaving the site. A vegetative
buffer will usually suffice as a structural control until final
stabilization is accomplished. [BMP 4.2.5 Vegetative Buffer
Strips]
"e-5_Inlet protection barriers must be installed around all
inlets until the area immediately surrounding the inlet is
paved or stabilized. [BMP 4.5.1.1 Inlet Protection Barriers]
"(2) b. Waste controls. Waste disposal must be accompanied in a
manner so that no solid wastes, including building materials,
hazardous substances, oil, or packaging leave the site, except for
disposal at an appropriate, approved solid waste management
facility, in conformance with the Texas Solid Waste Disposal Act.
To the extent practicable, no solid waste, including building
materials, hazardous substances, or oil may be allowed to enter the
city's municipal separate storm sewer system, the city's streets, or
the navigable waters of the United States. Building materials
include, but are not limited to, uncovered stockpiles of soil, sand,
dry cement, lumber, bricks, or other products used in construction.
The prime contractor, who is issued the building permit, is
responsible for the conduct of all subcontractors with regards to
disposal of wastes generates by the construction activities at the
site.
"(3) c. Dust control. Dust control should be provided at whatever
frequency required.
"(4)-d. Hazardous material storage. Chemicals, paints, solvents,
fertilizers, and other toxic materials must be stored in waterproof
containers. Except during applications, the contents must be kept in
trucks or in storage facilities. Runoff containing such materials shall
be collected, removed from the site, and disposed of at an
approved solid waste or chemical disposal facility.
"(5) e_ Concrete trucks. The responsible party may not allow the
owner or operator of a concrete truck to wash out or discharge
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surplus concrete or drum wash water at a construction site, unless
the surplus concrete or drum wash water in concrete trucks is
discharged at a facility on the construction site that will retain all
concrete wash waters or leachates, including any wash waters or
leachates mixed with storm water. Concrete wash waters and
leachates may not be allowed to enter the municipal separate storm
sewer system, city streets, the waters of the United States, or
ground waters.
"(6) ff The responsible party may adopt alternative procedures,
such as regularly scheduled street cleaning in the immediate
vicinity of the construction site, instead of adopting temporary
structural controls for erosion under subsection (a)(1) of this
section. If alternative procedures will be used, the responsible party
shall include those provisions in its NPDES or TPDES storm water
pollution prevention plan, pollution control plan, or the plans
submitted for a building permit, if an NPDES or TPDES storm water
pollution prevention plan or pollution control plan is not required.
"(b) (2) Permanent pollution control measures (post -construction).
"(1) a. Permanent stabilization must be applied to all unpaved
areas that have reached final grade or those areas that will not be
disturbed within the next forty-five (45) days. Permanent
stabilization consists of sodding, seeding, or mulching with a seed
bearing hay that will provide for new growth within a three-month
period. New vegetative ground cover must be maintained by
watering, re -grading, reseeding, sodding, as necessary, until
seventy (70) per cent growth coverage is obtained. [See Guidance
Document BMP 4.2.4.1 Seeding with Mulching]
"a-1. Acceptance of improvement by the city can occur
before the permanent stabilization coverage requirement is
met, if the developer agrees to maintain the stabilization until
coverage is achieved and all other permanent measures are
complete.
'b---2. Once permanent stabilization has been achieved, the
responsible party may notify the director of developmental
services that permanent stabilization has been achieved.
"e,3. After inspection of the site by a city inspector, the
director of developmental services will send the responsible
party written confirmation that permanent stabilization has
been achieved.
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"(2) b. Erosion control structures must be provided where
necessary to control erosive velocities in unlined channels or
swales leaving the site. [See Guidance Document BMP 4.1.3.1
Pipe Slope Drain and BMP 4.1.4.1 Paved Flume]
"(3) c. Sediment traps must be provided on the site, as necessary,
to control sedimentation from concentrated storm water discharges
into an environmentally sensitive area. Individual assessments
must be made on a site specific basis. However, a rock rubble low
berm must be installed around an outfall that discharges directly
into an environmentally sensitive area, unless this requirement is
waived by the director of developmental services because the
responsible party has installed another type of sediment trap that
provides equal or better protection. [See Guidance Document BMP
4.3.2.1 Stone Outlet Sediment Trap and BMP 4.3.2.2 Excavated
Earth Outlet Sediment Trap]
"(il) d. Stenciling, metal plates anchored in concrete inlets, precast
manhole covers, wording stamped in concrete, or other acceptable
form of signing must be provided on top of any storm sewer inlets.
[See Guidance Document BMP 4.9.15 Inlet Stenciling]
"(c) (3) Scheduling of control measures. Pollution control measures must
be implemented in a sequence that will provide maximum storm water
pollution control based on the following principles:
"(1) as Down slope and side slopes perimeter controls must be
installed before land disturbing activity occurs.
"(2) b. The responsible party shall not disturb the site until the
responsible party is ready for construction to proceed.
"(3) c. Efforts to provide cover or stabilize disturbed areas must
occur as soon as possible.
"(JI) d. Construction of infiltration measures must be delayed until
the end of the construction project when upstream drainage areas
have been stabilized.
"(5) e_ Temporary perimeter controls may not be removed until all
upstream areas are finally stabilized.
"(d).(4),Inspection of pollution control measures. The responsible party
shall inspect all pollution control measures ovcry Seven (7) days every
fourteen (14) calendar days and within twenty-four (24) hours following a
rainfall of 0.5 inches or greater, at the site;. As an alternative, pollution
control measures may be inspected every seven (7) calendar days. The
inspections must occur on a specifically defined day, regardless of
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whether or not there has been a rainfall event since the previous
inspection. The responsible party shall and maintain a record of each
inspection, which shall be made available for inspection by a
representative of the city during normal business hours.
"(e) (5) Maintenance of pollution control measures.
"(1) a. The responsible party shall maintain and ensure adequate
performance of the temporary pollution control measures until
permanent pollution control measures are in place.
"(2)-b. Whenever the temporary or permanent pollution control
measures do not to keep soil, sediment, and debris on the
construction site, such as excessive tracking of dirt offsite by
vehicles and runoff of sediments from the site over sidewalks and
into the streets and gutters, etc., the responsible party shall
removed the soil, sediment, and debris from streets, sidewalks, and
inlets, as necessary, return the soil and sediment to the areas to be
stabilized, and properly dispose of the debris.
"(3) c. The owner or person in control of site is responsible for the
maintenance of any permanent pollutions control measures located
on the site, unless the owner has dedicated the permanent pollution
control measure to the city and has provided the city with any
easements necessary to allow access to the permanent pollution
control measure and to conduct of any required maintenance
activities.
"(f) (5) Maintenance agreements between a responsible party and city.
"(1) a. If all permanent pollution control measures, other than the
required stabilization, are complete, a responsible party may
provide a maintenance agreement for the required stabilization.
This agreement may allow the responsible party to receive
acceptance of improvements by the city and allow the filing of the
final plats.
"(2-)-b. The maintenance agreement must be submitted with the
engineer's certification of infrastructure completion. The director of
developmental services will execute the agreement at the time of
acceptance of the public improvement, subject to any terms and
conditions set out in the agreement.
"(3) c. If a change in ownership occurs during the period when
temporary measures are still in place, the maintenance agreement
between the city and the responsible party, who entered into the
agreement, will remain in force until:
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"a,-1. Such time as either all permanent pollution control
measures are in place (stabilization at seventy (70) per cent
coverage).
"2. A new responsible party has entered into an
agreement with the city to assume the prior responsible
party's responsibilities under the agreement with the city.
"er:--3. A new owner acquires the tract with notice of the
requirements of the maintenance agreement and agrees to
assume the liabilities and responsibilities under the
agreement of the responsible party, who entered into the
agreement with the city, at which time the new owner
becomes responsible for the maintenance of the portion of
the site to which the new owner has title.
"(1) d. The original responsible party, who entered into the
maintenance agreement with the city, remains responsible for the
balance of the site under the terms of the original agreement for
maintenance.
"(5) e. Once the responsible party has satisfied all terms and
conditions of the maintenance agreement, including permanent
stabilization, the responsible party shall notify the director of
developmental services.
"(6) f. After inspection of the site by a city inspector, the director of
developmental services will send the responsible party written
conformation confirmation that the responsible party has complied
with the agreement and the agreement is terminated."
SECTION 5. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 6. 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 of this ordinance be given full force and effect for its purpose.
SECTION 7. 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 ordina ce was read for the first time and passed to its second
reading on this the ` - day of ()Ph, 2011, by the following vote:
Joe Adame
Chris N. Adler _
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
4
Nelda Martinez
Mark Scott
That thetregoing ordin rice was read for the second time and passed finally on this
the .Q day of , 2011, by the following vote:
Joe Adame _
Chris N. Adler
Larry R. Elizondo, S
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
PASSED AND APPROVED, this the 45gday of Cth6eA, , 2011.
ATTEST:
fb)'11"-z91/0-3-Cr—
Armando Chapa
City Secretary
Joe Adaf i�
Mayor
rr�4�
APPROVED: day of
ening
irst sistant City : orney
For City Attorney
SWQMP Ord Cleanup 10012011.docx
029265
, 2011:
EFFECTIVE DATE
L -e SI/ all
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 5980674
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Eleberg, Live Oak, Nueces, Refugio, and
San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF
ORD. NO. 029265 Ame which the annexed is a true copy, was inserted in the
Corpus Christi -Caller-Times on the 10/3112011, 10/3112011.
$ 88.02
1Time(s)
\JI
LEGAL SALES REPRESENTIVE
On this day of 0000e (-, z-)1,1 I certify that the attached document
is a true and an exact copy made by publisher.
MICHELLE JOYCE CABRERA
MY COMMI9GIKN EXPIRES
rch 19, 2012
Notary Public, State of Texas
4E >tzOctober 31 2011)) CALLER -TIMES
Legal Notices 1.110
NOTICE OF
PASSAGE OF ORD
NO.029265"
Amending the Art. X,'
Chapter. 14, Code ot
Ordinances 'City. ot
Corpus; -Christi;`: re=:
garding storm water
quality management
plans, pollution-con-
trolplans, pollution;
conral`::me.,as.ures,
and'tsinall -
construc-tion site natrces
providing for penal-
ties;, and providing for
publication. This Or-
dinance Was
rdinance..Was passed
and approved on Oct.
25,.2011.'
/s/ Aramando Chap
• i y Secretary