; i t 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 1 of12 '..,, 'MODEL ORDINANCES TO PROTECT LOCAL RESOURCES 􀁉􀁬􀀱􀁩􀁾􀁤􀀨􀀩􀀨􀀻􀁵􀁭􀁥􀁮􀁴􀀠is
downloadable in WordPerfect fom1at. Model Ordinances Language SectiCt11. Pr.rpose/lntent Seclion 12. 􀁗􀁡􀁴􀁡􀀢􀁣􀁯􀁵􀁲􀁾􀁥􀀠ProtectionSection2. Definitiau: Sectk:Jri 1'.1 NDtificaii«J
eX SpjJIgSection 3. Applicability . Section 14, EnflXcemelllSection 4. RespcnsibiJity for Administration Section 15. Appeal ofNotice 01 Viot.tion SecucnS. SevertJ:ility S""lion 16, Enforcement
Sec1ion 6. Ultimote M"".tres Aller 􀁁􀁾􀁉􀀠Ultimate Responsibility ..••..􀁾..• ""--SecUon 17. COBtofAbalement Section 7. Discha'ge Prohititions ' oi the Violation Section 8. Suspension
of Sec.tiCX1 18. lnjU1ctive Relief MS4Acce9B s"ction 19: Appo8I of SectiaJ 9. Industrial or Notice of Violation Construction Actlvt!y Cfscharges Section 20. Vidal/enG Det::m edA Section
10. Manita-tng PmJIe Nujganae of Discha'ges Section 21. Criminal Prosection Section 11. Requirement to Section 22. .ciemedies of ExclusivePrevent. Contra, and Reduce Sterm Wnl... Seclion
23, Adoption of Ordinance Po/llIlJlts by Ute Use of Best f'Aa1agemenl Proctives Section I. Purpose/Intent The purpose ofthis ordinance is to provide fur the health, safety, and general
welfare ofthe citizens of( ) through the regulation ofnon-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law.
This ordinance establishes methods for controlling the introduction ofpollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements ofthe National
Pollutant Discharge Elin1ination System (NPDES) permit process, The objectives ofthis ordinance are: l. To regulate the contribution ofpollutants to the municipal separate storm sewer
system (MS4) by stormwater discharges by any user 2. To prohibit llIicit COlU1ections and Discharges to the municipal separate storm sewer system 3. To establish legal authority to carry
out all inspection, surveillance and 1131/02http://www.epa.gOV/OWQw/nps/ordinance/moI5.htm 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 2 of 12 monitoring procedures necessary to ensure compliance with this ordinance Top ofPage
Section II. Definitions For the purposes ofthis ordinance, the following shall mean: Authorized Enforcement Agency: employees or designees ofthe director of the municipal agency designated
to enforce this ordinance. Best Management Practices (BMPs): schedules ofactivities, prohibitions of practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce the discharge ofpollutants directly or indirectly to stonnwater, receiving waters, or stonnwater
conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw
materials storage. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Construction Activity. Activities subject
to NPDES Construction Pennits. These include construction projects resulting in land disturbance of5 acres or more. Such activities include but are not limited to clearing and grubbing,
grading, excavating, and demolition. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because ofits quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed. mega! Discharge. Any direct or indirect non-stonn water discharge to the stonn drain system, except as exempted
in Section X ofthis ordinance. micit Connections. An illicit connection is defined as either ofthe following: Any drain or conveyance, whether on the surfil.ce or subsurface, which allows
an illegal discharge to enter the stonn drain system including but not limited to any conveyances which allow any non-stonn water discharge including sewage, process wastewater, and
wash water to enter the stonn drain system and any connections to the stonn drain system from indoor drains and sinks, regardless ofwhether said drain or connection had been previously
allowed, pennitted, or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to the stonn http://www.epa.gov/owow/nps/ordinancefm
oI5.htm1l31/02 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 3 of 12 drain system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). National Pollutant Discharge
Elimination System (NPDES) Storm Water Discharge Permit. means a permit issued by EP A (or by a State under authority delegated pursuant to 33 USC § 1342(b» that authorizes the discharge
ofpollutants to waters ofthe United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Storm Water Discharge. Any discharge to the storm
drain system that is not composed entirely ofstorm water. Person: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and
acting as either the owner or as the owner's agent. Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and
solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances,
and accumulations, so that same may cause or contribute to pollution; f1oatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter ofany kind. Premises.
Any building, lot, parcel ofland, or portion ofland whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System. Publicly-owned facilities by
which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping filcilities,
retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, and drainage consisting
entirely of water from any form ofnatural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan: A document which describes the Best Mimagement Practices
and activities to be implemented by a person or business to identifY sources ofpollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater,
Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. 1/31/02http://www.epa.gov/owow/nps/ordinanceimolS.htm 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 4 of 12 Wastewater means any water or other liquid, other than uncontaminated storm water, discharged
from a facility. Top ofPage Section III. Applicability This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless
explicitly exempted by an authorized enforcement agency. Top ofPage Section IV. Responsibility for Administration The [authorized enforcement agency] shall administer, implement, and
enforce the provisions ofthis ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director ofthe authorized enforcement
agency to persons or entities acting in the beneficial interest of or in the employ ofthe agency. Top ofPage v. Severability The provisions ofthis ordinance are hereby declared to be
severable. Ifany provision, clause, sentence, or paragraph ofthis Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity
shall not affect the other provisions or application ofthis Ordinance. Top ofPage VI. Ultimate Responsibility The standards set forth herein and promulgated pursuant to this ordinance
are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge
ofpollutants. Top ofPage 1131102http://www.epa.gov/owow/nps/ordinance/molS.htm 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 5 of 12 VII. Discharge Prohibitions Prohibition ofIDegal Discharges. No person shall discharge
or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause
or contribute to a violation ofapplicable water quality standards, other than storm water. The commencement, conduct or continuance ofany iUegal discharge to the storm drain system is
prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation
or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian
habitat or wet-land flows, swimming pools (if dechlorinated -typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. 2.
Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a
verbal notification to the authorized enforcement agency prior to the time ofthe test. 4. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered under the authority ofthe Federal Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements ofthe permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the
storm drain system. Prohibition ofIDicit Connections. 1 . The construction, use, maintenance or continued existence ofillicit connections to the storm drain system is prohibited. 2.
This prohibition expressly includes, without limitation, iUicit connections made in the past, regardless ofwhether the connection was permissible under law or practices applicable or
prevailing at the time ofconnection. 3. A person is considered to be in violation ofthis ordiuance ifthe person connects a line conveying sewage to the MS4, or allows such a connection
to continue. VllL Suspension ofMS4 Access 1131102http://www.epa.gov/owow/nps/ordiuancelmoI5.htrn 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 6 of 12 Suspension due to ll\icit Discharges in Emergency Situations The [authorized enfurcement
agency] may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the enviromnent, or to the health or welfare ofpersons, or to the MS4 or Waters ofthe United States. Ifthe violator fuils to comply with a suspension
order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters ofthe United States, or to
minimize danger to persons. Suspension due to the Detection ofIDicit Discharge Any person discharging to the MS4 in violation ofthis ordinance may have their MS4 access terminated if
such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator ofthe proposed termination ofits MS4 access. The violator may petition
the authorized enfurcement agency for a reconsideration and hearing. A person commits an offense ifthe person reinstates MS4 access to premises terminated pursuant to this Section, without
the prior approval ofthe anthorized enforcement agency. IX. Industrial or Construction Activity Discharges Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions ofsuch permit. Proof ofcompliance with said permit may be required in a form acceptable to the -::--:-__[authorized enforcement agency]
prior to the allowing of discharges to the MS4. TOlLofPage X. Monitoring ofDischarges A. Applicability. This section applies to all facilities that have storm water discharges associated
with industrial activity, including construction activity. B. Access to Facilities. 1. The __􀁾􀁟􀀠[authorized enforcement agency] shall be permitted to enter and inspect facilities
subject subject to regulation under this ordinance http://www.epa.gov!owow!npslordinauce!moI5.htm1l31/02 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 7 of 12 2. 3. 4. 5. 6. 7. as often as may be necessary to determine compliance with this ordinance.
Ifa discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to
allow access to representatives ofthe authorized enforcement agency. Facility operators shall allow the [authorized enforcement agency] ready access to all parts ofthe premises for the
purposes of inspection, sampling, examination and copying ofrecords that must be kept under the conditions ofan NPDES permit to discharge storm water, and the performance ofany additional
duties as defined by state and federal law. The [authorized enforcement agency] shall have the right to set up on any permitted facility such devices as are necessary in the opinion
ofthe authorized enforcement agency to conduct monitoring and/or sampling ofthe facility's storm water discharge. The [authorized enforcement agency] has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger
at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. Any temporary or permanent obstruction to sare and easy access
to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request ofthe. [authorized enforcement agency] and shall not be replaced.
The costs of clearing such access shall be borne by the operator. Unreasonable delays in allowing the [authorized enforcement agency] access to a permitted facility is a violation ofa
storm water discharge permit and ofthis ordinance. A person who is the operator ofa facility with a NPDES permit to discharge storm water associated with industrial activity commits
an an offense ifthe person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose ofconducting any activity authorized or required by this
ordinance. Ifthe [authorized enforcement agency] has been refused access to any part ofthe premises from which stormwater is discharged, and he/she is able to demonstrate probable cause
to believe that there may be a violation ofthis ordinance, or that there is a need to inspect and/or sample as part ofa routine inspection and sampling program designed to verifY compliance
with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare ofthe community, then the authorized enforcement agency may seek issuance
ofa search warrant from any court of competent jurisdiction. XL Requirements to Prevetn, Control, and Reduce Storm Water http://www.epa.gov/owow/npsJordinance/moI5.html/31/02 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 8 of 12 Pollutants by the Use ofBest Management Practices :-:--:::-:--=[Authorized enforcement
agency] will adopt requirements identifYing Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water,
the storm drain system, or waters ofthe U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental
discharge ofprohibited materials or other wastes into the municipal storm drain system or watercourses through the use ofthese structural and non-structural BMPs. Further, any person
responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural
BMPs to prevent the further discharge ofpollutants to the municipal separate storm sewer sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the
discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions ofthis section. These BMPs shall be part ofa stormwater
pollution prevention plan (SWPP) as necessary for compliance with requirements ofthe NPDES permit. Top ofPage XIL Watercourse Protection Every person owning property through which a
watercourse passes, or such person's lessee, shall keep and maintain that part ofthe watercourse within the property free oftrash, debris, excessive vegetation, and other obstacles that
would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within
or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity ofthe watercourse. Top ofPage XID. Notification ofSpills Notwithstanding
other requirements oflaw, as soon as any person responsible fur a facility or operation, or responsible for emergency response for a facility or operation has information of any known
or suspected release ofmaterials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said
person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event ofsuch a release of hazardous materials said person shall immediately
notifY emergency response agencies ofthe occurrence via emergency dispatch services. In the event ofa release ofnon-hazardous 1/31/02http://www.epa.gov/owow/nps/ordinance/moI5.htrn 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 9 of 12 materials, said person shall notify the authorized enforcement agency in person or by
phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the [authorized enforcement agency]
within three business days ofthe phone notice. Ifthe discharge ofprohibited materials emanates from a commercial or industrial establishment, the owner or operator ofsuch establishment
shall also retain an on-site written record ofthe discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. XIV. Enforcement.
A. Notice of Violation. Whenever the [authorized enforcement agency] finds that a person has violated a prohibition or fuiled to meet a requirement ofthis Ordinance, the authorized enforcement
agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The performance ofmonitoring, analyses, and reporting;
2. The elimination ofillicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation ofstorm water pollution
or contamination hazards and the restoration of any affected property; and S. Payment ofa fine to cover administrative and remediation costs; and 6. The implementation of source control
or treatment BMPs. If abatement ofa violation andlor restoration ofaffected property is required, the notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to the violator. Top ofPage XV. Appeal of Notice of Violation. Any person receiving a Notice of Violation may may appeal
the determination of the authorized enforcement agency. The notice ofappeal must be received within days from the date ofthe Notice ofViolation. Hearing on the appeal before the appropriate
authority or his/her designee shall take place within IS days from the date ofreceipt ofthe notice ofappeal. The decision ofthe municipal authority or their designee shall be final.
1/31/02http://www.epa.gov/owow/npslordinance/molS.htm 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten" Page 1 0 of 12 Top of Page XVI. Enforcement Measures after Appeal Ifthe violation has not been corrected
pursuant to the requirements set forth in the Notice ofViolation, or, in the event of an appeal, _ within days ofthe decision ofthe municipal authority upholding the decision ofthe authorized
enforcement agency, then representatives ofthe authorized enforcement agency shall eoter upon the subject private property and are authorized to take any and all measures necessary to
abate the violation andlor restore the property. It shall be unlawful for any person, owner, agent or person in possession ofany premises to refuse to allow the government agency or
designated contractor to enter upon the premises fur the purposes set forth above, Top ofPage XVIL Cost ofAbatement ofthe Violation. Within _ days after abatement ofthe violation, the
owner ofthe property will be notified ofthe cost ofabatement, including administrative costs, The property owner may file a written protest objecting to the amount ofthe assessment within
_ days, Ifthe amount due is not paid within a timely manner as determined by the decision ofthe municipal authority or by the expiration ofthe time in which to file an appeal, the charges
shall become a special assessment against the property and shall constitute a lien on the property for the amount ofthe assessment, Any person violating any ofthe provisions ofthis article
shall become liable to the city by reason ofsuch violation, The liability shall be paid in not more than 12 equal payments. Interest at the rate ofpercent per anoum shall be assessed
on the balance beginning on the _ st day following discovery ofthe violation. Top ofPage XVIII. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail
to comply with any ofthe requirements ofthis Ordinance. Ifa person has violated or continues to violate the provisions ofthis ordinance, the authorized enforcement agency may petition
fur a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation ofthe
violation, Iop ofPage http://www.epa.gov/owow/nps/ordinance/moI5.htm 1/31102 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 11 of 12 XIX. Appeal ofNotice ofViolation. In lieu ofenforcement proceedings, penalties, and
remedies authorized by this Ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance
workshops, creek cleanup, etc. Top ofPage XX. Violations Deemed A Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or pennitted
to exist in violation of any ofthe provisions ofthis Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, andlor a civil action to abate, enjoin, or otherwise compel the cessation ofsuch nuisance may be taken. XXI. Criminal Prosecution. Any person that
has violated or continues to violate this ordinance shall be liable to criminal prosecution to the fullest extent ofthe law, and shall be subject to a criminal penalty of dollars per
violation per day andlor imprisonment for a period oftime not to exceed __ days. The authorized enforcement agency may recover all attorney's fees court costs and other expenses associated
with enforcement ofthis ordinance, including sampling and monitoring expenses. 􀁔􀁯􀁰􀁯􀁦􀁰􀁾􀀤􀀠XXII. Remedies Not Exclusive. The remedies listed in this ordinance are not exclusive
ofany other remedies available under any applicable federal, state or local law and it is within the discretion ofthe authorized enforcement agency to seek cumulative remedies. XXIlL
Adoption of Ordinance. http://www.epa.gov/owow/nps/ordinance/molS.htm 1131/02 
Model Ordinances to Protect Local Resources-Stromwater Control Operation & Mainten.. Page 12 of 12 This ordinance shall be in full force and effect _ days after its final passage and
adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. PASSED AND ADOPTED this _ day of_._ ---' 19---, by the fonowing vote: Local
Government Environmental Assistance Network CENTER FOR am WATERSHED PROTECTION Click on the above related web sites Both links exit the EPA Website iil.....J URL: http://www.epa.gov/owowINPS/ordinanc
e/mo14.htm Revised October 27, 1999 http://www.epa.gov/owow/npslordinancelmolS.htm 1131102 
RTICLE III -STORMWATER PROTECTION Page 1 of21 CITY OF FORT WORTH ENVIRONMENT CODE CHAPTER 12.5 ARTICLE III -STORMW ATER PROTECTION (With amendments through May 18, 1999) DIVISION 1.
GENERAL PROVISIONS Section 12.5-300. Definitions. Unless a provision explicitly states otherwise, the fullowing tenns and phrases, as used in this Article, shall have the meanings hereinafter
designated, Agricultural stonn water runoff means any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but
not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR
Section 122.24. Aquatic monitoring organism means the Fathead minnow Pimephales promelas, the bacterium Vibrio ficheri, or the daphnid Ceriodaphnia dubia. Best management practices (BMP)
means schedules of activities, prohibitions ofpractices, maintenance procedures, and other management practices to prevent or reduce the pollution ofthe MS4 and waters ofthe United States.
BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw'material
storage. Cellar dirt means construction site waste materials, such as natural rock and soil overburden, 1131102http://www.epa.gov/owow/nps/ordinance/worth.htm 
RTICLE IIl-STORMWATF.l> PROTECTION Page 2 of21 CFR means the Code ofFederal Regulations. citt means the City ofFort Worth, Texas. Contaminated means containing a harmful quantity of
any substance. Contamination means the presence ofor entry into a public water supply system, the MS4, Waters of the State, or Waters ofthe United States ofany substance which may be
deleterious to the public healthand/or the quality ofthe water. Cosmetic cleaning means cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities,
hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state, or local laws. Director means the Director ofthe Department ofEnvironmental Management or
the Director's authorized representatives. Discharge means any addition or introduction ofany pollutant, storm water, or any other substance whatsoever into the municipal separate storm
sewer system (MS4) or into waters ofthe United States. Discharger means any person who causes, allows, pertnits, or is otherwise responsible for, a discharge, including, without limitation,
any operator ofa construction site or industrial facility. Envirolll)Jental Protection Agency or EPA means the United States Environmental Protection Agency, or any duly authorized official
of said agency. Faci!i1Y, as used in Division 3 ofthis Article, means any facility, including construction sites, required by the Federal Clean Water Act to have a pertnit to discharge
storm water associated with industrial activity. Fire Code means the "Fire Prevention and Protection" chapter ofthe City Code. http://www.epa.gov/owow/nps/ordinance/worth.htm 1I31102

RTICLE III -STORMWATETI PROTECTION Page 3 of21 Fire Department means the Fire Department ofthe City ofFort Worth, or any duly authorized representative thereof. fire protection water
means any water, and any substances or materials contained therein, used by any person other than the Fire Department to control or extinguish a fire. Harmful Quanti!)'. means the amount
of any substance that will cause pollution ofwaters in the State, Waters ofthe United States, or that will cause lethal or sub-lethal adverse effects on representative, sensitive aquatic
monitoring organisms belonging to the City, upon their exposure to samples of any discharge into waters in the State, Waters ofthe United States, or the MS4. Mobile commercial cosmetic
cleaning means power washing, stearn cleaning, and any other mobile cosmetic cleaning operation, ofvehicles and/or exterior surfaces, engaged in for commercial purposes. Municipal separate
storm sewer s)'.stem (MS4) means the system ofconveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels,
or storm drains) owned and operated by the City and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying sewage. National Pollutant
Discharge Elimination System means the national program for issuing, modifYing, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements, under sections 307,402,318, and 405 ofthe federal Clean Water Act NOI means Notice of Intent. Non-point source means any source ofany discharge of a pollutant that is not
a "point source," Notice ofintent means the Notice ofIntent that is required by the NPDES Storm Water Multi-Sector General Permit, the EPA Region 6 NPDES Storm Water Construction general
permit, or any similar general permit to discharge storm water associated with industrial activity that is issued by the EPA or the TNRCC. NPDES means the National Pollutant Discharge
Elimination System. NPDES permit means a permit issued by EPA (or by the State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis. Qperate means drive, conduct, work, run, manage, or control. Operator,
as used in Division 3 of this Article, means the party or parties that either individually or taken together meet the following two criteria: 1) They have operational control over the
site speCifications (including the ability to make modifications in specifications); and 2) they have the day-to-day operational control of those activities at the site necessary to
ensure compliance with SWPPP requirements and any permit conditions. 1131/02http://www.epa.gov/owow/nps/ordinance/worth.htm 
RTICLE III -STORMWATER PROTECTION Page 4 of21 Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. !ll:i means the logarithm
to the base 10 of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units. Point source
means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture or agricultural storm water runoff. Pollutant means dredged spoil; solid waste; incinerator residue; sewage; garbage; sewage sludge; filter backwash; munitions;
chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; and industrial, municipal, recreational,
and agricultural waste discharged into water or into the municipal separate storm sewer system. Pollution means the alteration of the physical, thermal, chemical, or biological quality
of, or the contamination of, any Water of the State or Water of the United States, that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property,
or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. Release means any spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, surface soils, the municipal separate storm
sewer system (MS4), the Water of the State, the Waters of the United States. State means the State of Texas. Storm water means any flow occurring during or following any form of natural
preCipitation, and resulting from such precipitation, including snow melt. Storm water discharge assoc;ii3ted with industrial activity means the discharge from any conveyance which is
used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. The term does not include
discharges from facilities or activities excluded from the NPDES program under 40 CFR part 122. For the categories of industries identified in paragraphs (i) through (xl of this definition,
the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by http://www.epa.gov/owow/nps/ordinance/worth.htm
1/31/02 
RTICLE III -STORMWATER PROTECTION Page 5 of21 i carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites;
refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR part 401); sites used for the storage and maintenance of material handling equipment;
sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate
and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the categories of industries
identified in paragraph (xi) of this definition, the term includes only storm water discharges from all the areas (except access roads and rail lines) that are listed in the previous
sentence where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm
water. For the purposes of this paragraph, material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product,
finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying
parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. Industrial facilities (including industrial facilities
that are Federally, State, or municipally owned or operated that meet the description of the facilities listed in this paragraphs (i)-(xi) of this definition) include those facilities
designated under the provisions of 40 CFR §122.26(a)(1 )(v). The following categories of facilities are considered to be engaging in "industrial activity" : (i) Facilities subject to
storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR subchapter N (except facilities with toxic pollutant
effluent standards which are exempted under category (xi) of this definition); (ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and
267), 28 (except 283), 29, 311, 32 (except 323), 33, 3441, 373; (iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or
inactive mining operations (except for areas of coal mining operations no longer meeting the definition of a reclamation area under 40 CFR §434.11(1) because the performance bond issued
to the facility by the appropriate federal Surface Mining Control and Reclamation Act (SMCRA) authority has been released, or except for areas of non-coal mining operations which have
been released from applicable State or Federal reclamation requirements after December 17, 1990) and oil and gas exploration, production, processing, or treatment operations, or transmission
facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts
or waste products located on the site of such operations; (inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator;
inactive mining sites do not include sites where mining claims are being maintained prior to disturbances associated with the extraction, beneficiation, or processing of mined materials,
nor sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim); (iv) Hazardous waste treatment, storage, or disposal facilities, including those
that are 1131/02http://www.epa.gov/owow/npslordinance!worth.htm 
RTICLE III -STORMWATER PROTECTION Page 6 of21 operating under interim status or a permit under subtitle C of the federal Resource Conservation and Recovery Act (RCRA); (v) Landfills,
land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including
those that are subject to regulation under subtitle 0 of RCRA; (vi) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards,
and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; (vii) Steam electric power generating facilities, including coal
handling sites; (viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25),43,44,45, and 5171 which have vehicle maintenance shops,
equipment cleaning operations, or airport deicing operations. Only those portions of the facility that that are either involved in vehicle maintenance (including vehicle rehabilitation,
mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (i)-(vii) or (ix)-(xi)
of this definition are associated with industrial activity; (ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in
the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the
facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used
for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the
federal Clean Water Act; (x) Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less than five acres of
total land area which are not part of a larger common plan of development or sale; (xi) Facilities under Standard Industrial Classifications 20,21,22,23,2434,25,265,267, 27,283,285,30,31
(except 311), 323, 34 (except 3441), 35, 36, 37(except373),38,39, 4221-25, (and which are not otherwise included within categories (ii)-(x) of this definition); Storm w"!t(;!f pollution
preventiQIlJ;1.!sID means a plan required by a permit to discharge storm water associated with industrial activity, including construction, and which describes and ensures the implementation
of practices that are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility. SWppp means storm water pollution prevention
plan. 1/31102http://www.epa.gov/owow/npslordinance/worth.htm 
RTICLE III -STORMWATEl? PROTECTION Page 7 of21 T AC means the Texas Administrative Code. l§xas Pollutant Discharge Elimination System means the program delegated to the State of Texas
by the EPA pursuant to 33 USC §1342(b). JPDES means the Texas Pollutant Discharge Elimination System. ISS (total susRended solids) means solids that either float on the surface, or are
in suspension in, water, wastewater, or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in milligrams per liter. Uncontaminated means
not containing a harmful quantity of any substance. USC means United States Code. Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a
facility. Water in the state means ground-water, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, wetlands, marshes, inlets, canals
inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, navigable or non-navigable, and including the bed and banks of all watercourses
and bodies of surface water that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. Waters of the United States means all waters Which are
currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use,
degradation, or destruction of Which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this
definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters
of the United States" at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act.
Wetland means means an area that is inundated or saturated by surface or ground-water at a http://www.epa.gov/owow/nps/ordinancelworth.htm 1/31/02 
RTICLE III -STORMWATEJ? PROTECTION Page 8 of21 'frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, Wetlands generally include swamps, marshes, bogs, and similar areas. Section 12.5-301. Administration. The Director of the Department of Environmental
Management and the Director's authorized representatives are authorized to administer, implement, and enforce the provisions of this Article. Section 12.5-302. Discharge to MS4 Prohibited.
(a) A person commits an offense if the person introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of stormwater. (b) It is an affirmative defense
to any enforcement action for a violation of subsection (a) that the discharge was composed entirely of one or more of the following categories of discharges: (1) A discharge authorized
by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from the MS4); (2) A discharge or flow resulting from fire fighting by the Fire Department;
(3) A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge,
in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge; (4) Agricultural stormwater runoff; 1131102http://www.epa.gov/owow/npslordinance/wor
th.htm 
RTICLE III -STORMWATER PROTECTION Page 9 of21 (5) A discharge or flow from water line flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any
other chemical used in line disinfection; (6) A discharge or flow from lawn watering, or landscape irrigation; (7) A discharge or flow from a diverted stream flow or natural spring;
(8) A discharge or flow from uncontaminated pumped groundwater or rising groundwater; (9) Uncontaminated groundwater infiltration (as defined at 40 C.F.R § 35.2005(20)) to the MS4; (10)
Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain; (11) A discharge or flow from a potable water source not containing any harmful substance
or material from the cleaning or draining of a storage tank or other container; (12) A discharge or flow from air conditioning condensation that is unmixed with water from a cooling
tower, emissions scrubber, emissions filter, or any other source of pollutant; (13) A discharge or flow flow from individual residential car washing; (14) A discharge or flow from a
riparian habitat or wetland; (15) A discharge or flow from cold water (or hot water with prior permission of the Director) used in street washing or cosmetic cleaning that is not contaminated
with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; or 1131/02http://www.epa.gov/owow/npslordinance/worth,htrn 
RTICLE III -STORMWATEJ?PROTECTION Page 10 of21 (16) Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming
pool filter backwash is prohibited. (17) A discharge or flow of uncontaminated storm water pumped from an excavation. (c) No affirmative defense shall be available under subsection (b)
if: (1) the discharge or flow in question has been determined by the Director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4; (2) written
notice of such determination has been provided to the discharger; (3) and the discharge has continued after the expiration of the time given in the notice to cease the discharge. (d)
A person commits an offense if the person introduces or causes to be introduced into the MS4 any harmful quantity of any substance. Section 12.5-303. Connection of Sanitary Sewer Prohibited.
A person commits an offense if the person connects a line conveying sewage to the MS4, or or allows such a connection to continue. Section 12.5-304. Nuisances. (a) An actual or threatened
discharge to the MS4 that violates or would violate this Article is http://www.epa.gov/owow/npslordinancelworth.htm 1/31/02 
RTICLE III -STORMW ATER PROTECTION Page II of21 hereby declared to be a nuisance. (b) A line conveying sewage or designed to convey sewage that is connected to the MS4 is hereby declared
to be a nuisance. Section 12.5-305. Emergency Suspension of Utility Service and MS4 Access. (a) The City may, without prior notice, suspend water service, sanitary sewer service, and/or
MS4 discharge access to a person discharging to the MS4, Waters of the United States, or POTW when such suspension is necessary to stop an actual or threatened discharge which: (1) presents
or may present imminent and substantial danger to the environment or to the health or welfare of persons; or (2) presents or may present imminent and substantial danger to the MS4 or
Waters of the United States. (b) When the Director determines that City-provided water and/or sanitary sewer service needs to be suspended pursuant to subsection (a), the Director shall
request the Director of the Department of Water to do so. (c) As soon as is practicable after the suspension of service or MS4 discharge access, the Director shall notify the violator
of the suspension in person or by certified mail, return receipt requested, and shall order the violator to cease the discharge immediately. When time permits, the Director should also
attempt to notify the violator prior to suspending service or access. (d) If the violator fails to comply with an order issued under subsection (c), the Director may take such steps
as the Director deems necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. http://www.epa.gov/owow/npslordinance/worth.htm
l/3l/02 
RTICLE III -STORMWATEI? PROTECTION Page 12 of21 (e) The City shall not reinstate suspended services or MS4 access to the violator until: (1) The violator presents proof, satisfactory
to the Director, that the noncomplying discharge has been eliminated and its cause determined and corrected; (2) The violator pays the City for all costs the City incurred in responding
to abating, and remediating the discharge or threatened discharge; and (3) The violator pays the City for all costs the City will incur in reinstating service or access. (f) A violator
whose service or access has been suspended or disconnected may appeal such enforcement action to the Director, in writing, within ten days of notice of the suspension in accordance with
Section 12.5-119 of this chapter. (g) The City may obtain a lien against the property to recover its response costs pursuant to the procedure set out in Section 12.5-120 of this chapter.
(h) The remedies provided by this Section are in addition to any other remedies set out in this this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for,
taking other action against a violator. Section 12.5-306. Non-emergency Suspension of Utility Service and MS4 Access. (a) The City may terminate the City-provided water supply, sanitary
sewer connection, and/or MS4 access any person discharging to the MS4 in violation of this Article, if such termination would abate or reduce the illicit discharge. 1/31/02http://www.epa.goY/owow/nps
/ordinancelworth.htm 
RTICLE III -STORMWATEF PROTECTION Page 13 of21 (b) The Director will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access.
The violator may petition the Director for a reconsideration and hearing pursuant to Section 12.5-119 of this chapter. (c) The City shall not reinstate suspended services or MS4 access
to the discharger until: (1) The violator presents proof, satisfactory to the Director, that the noncomplying discharge has been eliminated and its cause determined and corrected; and
(2) The violator pays the City for all costs the City will incur in reinstating service or MS4 access. (d) The remedies provided by this Section are in addition to any other remedies
set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator. (e) A person commits an offense if the person
reinstates water service, sanitary sewer service, and or MS4 access to premises terminated pursuant to this Section, without the prior approval of the Director. [Sections 12.5-306 through
12.5-314 reserved] DIVISION 2. COSMETIC CLEANING Section 12.5-315. Pennit and Registration Required. 1131102http://www.epa.gov/owow/npslordinance/worth.htm 
RTICLE III -STORMWATER PROTECTION Page 14 of21 (a) A person commits an offense if the person knowingly engages in mobile commercial cosmetic cleaning without a valid permit issued by
the Director. (b) A person commits an offense if the person knowingly operates or causes to be operated a mobile commercial cosmetic cleaning vehicle which is not registered with the
Director. Section 12.5-316. Permit Application Procedures. (a) A person required by section 12.5-315 to have a permit shall complete and file a permit application on a form prescribed
by the Director. (b) The Director may require any information on an application that the Director believes is necessary to ensure that best management practices are implemented by the
permittee. (c) The application shall include a description and the vehicle license registration number of each vehicle to be registered under the permit. All motor vehicles and trailers
used to transport cosmetic cleaning rigs shall be registered. However, a motor vehicle which is used to tow a trailer registered with the Director and which is not used to transport
a cosmetic cleaning rig itself, shall not be required to be registered. (d) Any applicant who utilizes wash water recycling units shall list all sanitary sewer discharge locations and
other disposal sites the applicant intends to use. Section 12.5-317. Issuance of Permit and Registration Certificates. (a) The Director may issue a permit and registration certificates
after the applicant pays all http://www.epa.gov/owow/npslordinance/worth.htm 1/31/02 
RTICLE III -STORMWATEJ? PROTECTION Page 15 of21 applicable fees, unless the Director has cause to deny such permit, as specified in Section 12.5-320. The Director shall provide for procedures
to add registered vehicles to a permit during its term. (b) A permit shall be valid for one year from the date of its issuance, unless suspended or revoked. Registration certificates
shall be valid for the term of the permit. (c) Neither a permit nor a registration certificate shall be transferable. (d) The City Council shall set an annual fee for a permit and each
registration certificate issued under this Division. (e) The Director will issue a registration number to each vehicle registered under a permit, and listed on the permit. A registration
number is not transferable. (f) The Director will issue a registration certificate for each vehicle registered under a permit. The certificate shall be of a size and design determined
by the Director. Section 12.5-318. Display of Registration Numbers and Certificates. (a) A permit holder shall have the registration numbers permanently displayed on each of its vehicles
registered under the permit as follows: (1) The registration number shall be placed on both sides of the vehicle in a location approved by the Director. (2) The registration number shall
be in numerals of a minimum height of three (3) inches, in a color contrasting to their background, and in a visible location. 1/31/02http://www.epa.gov/owow/nps/ordinance/worth.htm

RTICLE III -STORMWATE)? PROTECTION Page 16 of21 (b) A permit holder shall place a registration certificate on each registered vehicle in a location approved by the Director. (c) A person
commits an offense if the person operates or causes to be operated a mobile commercial cosmetic cleaning vehicle which does not properly display the registration number assigned to that
vehicle by the Director. (d) A person commits an offense if the person operates or causes to be operated a mobile commercial cosmetic cleaning vehicle which does not properly display
a valid registration certificate. Section 12.5-319.Permit Conditions. As a condition of receiving and maintaining a permit under this Division a permit holder shall comply with the following: (a) A permit holder shall immediately notify
the Director of any management changes in the business during the time the permit is in effect. (b) A permit holder shall submit samples of wash water and/or waste water to the Director
or to an authorized representative of the Director of the Department of Water, immediately upon their demand. (c) A permit holder who utilizes wash water recycling units shall: (1) notify
the Director in writing of all changes in disposal sites it wants to use during the permit period; http://www.epa.gov/owow/nps/ordinance/worth.htm 1131/02 
RTICLE III -STORMWATEF PROTECTION Page 17 of21 (2) discharge wash water into the sanitary sewer only at those sites listed in its permit application and its notices under subsection
(c)(1); and (3) before the end of each permit period: A. test or cause to be tested a repre-sentative sample of its recycled wash water discharge to determine compliance with the discharge
limits and prohibi-tions of Section 12.5-610 of this chapter; B. report the results of such tests in writing to the Industrial Waste Section of the Wastewater Treatment Division of the
Department of Water, and send a copy to the Department of Environmental Management; and c. sign and certify the report as required by Section 12.5-633 of this chapter. (d) A permit holder
shall immediately notify the Director when it sells or otherwise disposes of a vehicle registered under its permit. (e) A permit holder shall ensure that all of its employees engaged
in mobile commercial cosmetic cleaning are knowledgeable of the discharge prohibitions to the MS4 under this Article, and shall require all its employees to use best management practices
when engaging in mobile commercial cosmetic cleaning. For exterior cleaning, best management practices shall include, but not be limited to, the following: (1) Accumulations of oil and
grease which have not dried shall be precleaned with absorbent clay (kitty litter) or a similar material and properly disposed of prior to washing. (2) Storm sewer entrances which will
receive the wash water shall be screened to catch leaves and other debris. Wash water discharge shall comply with Section 12.5-302(b)(15). http://www. epa.gov/owow/nps/ordinance/worth.htffi
1131102 
RTICLE III-STORMWATER PROTECTION Page 18 of21 (3) Wash water discharged to the MS4 shall first pass through an oil absorbent boom or pad to absorb hydrocarbons so that no oil sheen is
present on the discharge. Wash water discharge shall comply with Section 12.5-302(b )(15). (4) Wash water which does not comply with Section 12.5-302(b)(15) shall be discharged into
the sanitary sewer system. Discharge shall be at the job site when possible. Wash water from recycle rigs which does not comply with Section 12.5-302(b)(15) shall be disposed of in compliance
with subsection (c) of this section. Grit and sludge shall not be disposed of through the sanitary sewer. (f) A permit holder shall ensure that all of its vehicles registered under the
permit display the registration numbers and certificates as required by this Division, and shall not allow unregistered vehicles to engage in mobile commercial cosmetic cleaning. (g)
A permit holder shall not discharge to the MS4 in violation of this Article. (h) A permit holder holder shall not discharge wastewater to the sanitary sewer system in violation of Section
12.5-610 of this chapter. (i) A permit holder shall not discharge wastewater into the sanitary sewer, either on a job site or off a job site, without the permission of the owner of the
property upon which the sewer inlet is located. The permit holder shall provide proof of such permission to the Director upon demand. (k) A permit holder shall not create or maintain
a nuisance in violation of Section 12,5-321. Section 12.5-320. Permit Denial and Revocation. (a) The Director may deny a permit, or after notice and hearing revoke a permit if: http://www.epa.gov/owo
w/nps/ordinancelworth.htm 1/31102 
RTICLE III -STORMWATER PROTECTION Page 19 of21 (1) The permit application contains a false statement of a material fact; (2) If the person engages in operations that do not consist solely
of cosmetic cleaning; or (3) If the permit holder or an employee of the permit holder has violated a permit condition. (b) An applicant whose permit is denied will be notified by the
Director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the mailing address listed on the application. (c)
An applicant whose permit is denied may request a reconsideration no later than the tenth day after receipt of the notice of denial, in accordance with Section 12.5-119 of this chapter.
(d) A permit may be suspended or revoked under the procedures of Section 12.5-119(b) of this chapter. Section 12.5-321. Nuisances. (a) A vehicle transporting cosmetic cleaning wash water
or wastewater which is leaking or spilling from such vehicle is hereby declared to be a nuisance. (b) Any premises upon which cosmetic cleaning wastewater has accumulated and which is
emitting noxious or offensive odors, or which is creating an unsanitary condition, or which is injurious to the public health or the environment is hereby declared to be a nuisance.
1131/02http://www.epa.gov/owow/npsfordinance/worth.htm 
RTICLE III -STORMW ATE]? PROTECTION Page 20 of21 DIVISION 3. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY, INCLUDING CONSTRUCTION ACTIVITY Section 12.5-330. Applicability.
This division applies to all facilities located within the City that have storm water discharges associated with industrial activity, including construction activity. Section 12.5-331.
Access to Facilities. (a) The Director is authorized by Section 12.5-121 of this Chapter to enter and inspect facilities subject to regulation under this Article. (b) Facility operators
shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions
of an NPDES or TPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (c) The Director shall have the right to set up
on any permitted facility such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the facility's storm water discharge. (d) Any temporary
or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Director
and shall not be replaced. The costs of clearing such access shall be borne by the operator. (e) Unreasonable delays in allowing the Director access to a permitted facility is a violation
of a storm water discharge permit and of this Article. A person who is the operator of a facility with a NPDES or TPDES permit to discharge storm water associated with industrial activity
commits an offense if the person denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Article. Section
12.5-332. Unpermitted Discharges Prohibited A person who is the operator of a facility commits an offense if the person discharges, or 1131/02http://www.epa.gov/owow/nps/ordinance/worth.htm
 RTICLE III -STORMWATW PROTECTION Page 21 of21 causes to be discharged, storm water associated with industrial activity without first having obtained a NPDES or TPDES permit to do so.
Section 12.5-333. Submission of NOI to City. (a) The operator of a facility, including construction sites, required to have a NPDES or TPDES permit to discharge storm water associated
with industrial activity shall submit a copy of the Notice of Intent (NO I) to the Director at the same time the operator submits the original Notice of Intent to the EPA or the TNRCC
as applicable. (b) The copy of the Notice of Intent may be delivered to the Director either in person or by mailing it to: Notice of Intent to Discharge Storm Water Department of Environmental
Management 1000 Throckmorton Street Fort Worth, Texas 76102 (c) A person commits an offense if the person operates a facility that is discharging storm water associated with industrial
activity without having submitted a copy of the Notice of Intent to do so to the Director. Section 12.5-334. Compliance with Permit. (a) A facility shall be operated in strict compliance
with the requirements of its NPDES or TPDES permit to discharge storm water associated with industrial activity. (b) A person commits an offense if the person operates a facility in
violation of a requirement of the facility's NPDES or TPDES permit to discharge storm water associated with industrial activity. Section 12.5-335 Modification of Storm Water Pollution
Prevention Plans (a) The Director may require any operator of a facility to modify the facility's storm water pollution prevention plan if in the best professional judgment of the Director,
the SWPPP does not comply with the requirements of the facility's NPDES or TPDES permit to discharge storm water associated with industrial activity. (b) The deficiencies in a facility's
SWPPP will be made in writing, and the Director will give the facility operator a reasonable amount of time, not to exceed thirty days, to make the necessary changes in the SWPPP. [Sections
12.5-336 through 12.5-399 reserved.] http://www.epa.gov/owow/npslordinancelworth.htm 1131/02 
MODEL STORM WATER ORDINANCE TABLE OF CONTENTS I. GENERAL PROVISIONS 1 II. GENERAL PROHIBITION 7 III. SPECIFIC PROHIBITIONS AND REQUIREMENTS 8 IV. RELEASE REPORTING AND CLEANUP 12 V.
STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES 14 VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY 19 VII. COMPLIANCE MONITORING 23 VIII. CITIZEN PARTICIPATION [AND
PUBLICATION] 25 IX. ADMINISTRATIVE ENFORCEMENT REMEDIES 26 X. RIGHT TO RECONSIDERATION, HEARING, AND APPEAL 28 XI. JUDICIAL ENFORCEMENT REMEDIES 31 XII. SUPPLEMENTAL ENFORCEMENT ACTION
32 XIII. MISCELLANEOUS PROVISIONS 33 http://www.dlWstolTIlwater.comlModeISW.rtf 
MODEL STORM WATER ORDINANCE I. GENERAL PROVISIONS A. Purposes The purposes and objectives of this Ordinance are as follows: 1, To maintain and improve the quality of surface water and
groundwater within the 􀁾􀁜􀁬􀁊􀁬􀁜􀁾of Pla!l$6'1\ ,the North Central Texas Region, and the State of Texas, 2, To prevent the discharge of contaminated storm water nunoff from industrial,
commercial, residential, and construction sites into the municipal separate storm sewer system (MS4) and natural waters within the 􀁾Town af A&d15-dVI. , 3, To promote public awareness
of the hazards involved in the improper discharge of hazardous substances, petroleum products, household hazardous waste, industrial waste, sediment from constnuction sites, pesticides,
herbicides, fertilizers, and other contaminants into the storm sewers and natural waters of th&eity:'Tow-r"'I 4, To encourage recycling of used motor oil and safe disposal of other hazardous
consumer products, 5, To facilitate compliance with state and federal standards and 􀁰􀁥􀁲􀁭􀁾􀁹owners and operators of industrial and construction sites within the-Gil>f.Th ....n 1bW(\6,
To enable the,Git9 to comply with all federal and state laws and regulations applicable to storm water discharges, B, Administration Except as otherwise provided herein, [Ipe City ER9iFl98f,
the Director of Public Works, _ wlles'jer! shall administer, implement, and enforce the provisions of this Ordinance, Any powers granted to or duties imposed upon the [City Engilleef]
may be delegated by the [Citr'" "" E1r.el'l to other QitYpersonnel. 1).... of-f.uJ. viI". " .tV. 'j;",r'\ C, Abbreviations The following abbreviations when used in this Ordinance shall
have the deSignated meanings: • BMP Best Management Practices • BTEX Benzene, Toluene, Ethylbenzene, and Xylene • CFR Code of Federal Regulations • EPA U,S, Environmental Protection
Agency • HHW Hazardous Household Waste • mg/I Milligrams per liter • MS4 Municipal Separate Storm Sewer System • NOI Notice of Intent • NOT Notice of Termination • NPDES -National Pollutant
Discharge Elimination System • Parts per billion ffb • 􀁾􀀠Petroleum Storage Tank Registered Landscape Architeoti)·ZLA 􀁾􀀠􀁾􀀠 http://www.dfwstorrnwater.com/ModeISW.rIf 
• RPE Registered Professional Engineer • RQ fC .Reportable Quantity • SWPPP -Stonn Water Pollution Prevention Plan • TPH Total Petroleum Hydrocarbons • USC United States Code D. Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Ordinance, shall have the meanings hereinafter desIgnated, 1. Agricultural storm water
runoff. Any storm water runoff from orchards, cultivated crops, pastures, range lands, and other non-point source agricultural activities, but not discharges from concentrated animal
feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24, 2. Best management practices
(BMP). Schedules of activities, prohibitions of practices. maintenance procedures, and other management practices to prevent or .rr:. uf'I\ reduce the pollution of waters of the United
States. BMPs also include treatment I 0 􀁾􀀠requirements, operating procedures, and practices to control plant site runoff, POlr:: ., 􀁾􀁬􀀿􀁩􀁉􀁉􀁡􀁧􀁥􀀠or leaks, sludge or waste disposal,
or drainage frol];1 rp'fl material storage, . _ 3, 􀁾􀁉he)ditjl of 􀁾􀀤􀁭, Texas, or the City Council of l+Itd-tsmr 􀁾􀀵' 􀁾􀀭􀀭􀀺􀀢􀀧􀀢􀁧􀁾􀀺􀀮􀀺􀁾􀀠The person appOinted to the position
of Gily 􀁉􀁩􀁩􀁒􀁦􀁬􀁩􀁒􀁥􀁾􀁬􀁬􀁥􀀠SilyDIv:;d 􀁾􀁏􀀠fJ. (,J, -􀁾􀀮􀀠5, 􀁇􀁾􀁬􀁥􀁕􀁢􀁥Cit; ;f > ,or his/her duly authorized representative. -b l '7 I!J f.-I". Coal pile runoff. The rainfall
runoff from or through any coal storage pile, ' '<2 6, Commencement of construction, The disturbance of soils associated with clearing, grading, or excavating activities or other construction
activities. 7. Commercial. Pertaining to any business, trade, industry, or other activity engaged in for profit. 8, Director of Public Works, The 􀁰􀁥􀁲􀁳􀁾􀁡􀁰􀁰􀀧􀁰􀁩􀀨􀁬􀁾􀁥􀁤􀀠to
the position of Director of Public Works by the City Council of 􀁴􀁨􀁾of 1f.tJ.J.(fl/ll!. ' or his/her duly authorized representative. 􀁾􀀠9, Discharge, Any addition or introduction
of any pollutant, storm water, or any other substance whatsoever into the municipal separate storm sewer system (MS4) or into waters of the United States. 10. Discharger, Any person
who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility. 11, Domestic sewage.
Human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged
from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and insmutions, that is free from industrial waste. 12. Environmental
Protection Agency (EPA), The United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority
of the EPA, and any duly authorized official of EPA or such successor agency, 13, Extremely hazardous substance. Any substance listed in the Appendices to 40 CFR Part 355, Emergency
Planning and Notification, 14, Facility, Any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant. 15. Fertilizer, A solid
or non-solid substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content
in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers. The term http://wNw.dfwslormwater.comIModeISW.rtf 
does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made. 16. Final stabilization. The status
when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of 70% of the cover for unpaved areas and areas not covered
by permanent structures has been established, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed. 17. Fire Department.
The Fire Department of 􀁴􀁨􀁥􀁾of A..t,ul$i>'l, or any duly authorized representative thereof. 1'rP"" 18. Fire protection water. Any water, and any substances or materials contained
therein, used by any person other than the Fire Department to control or extinguish a fire. 19. Garbage. Putrescible animal and vegetable waste materials from the handling, preparation,
cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. 20. Harmful quantity. The amount
of any substance that will cause pollution of water in the State. 21. Hazardous household waste (HHW). Any material generated in a household (including single and multiple residences,
hotels and motels, bunk houses, ranger stations, crew quarters, camp grounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in
40 CFR § 261.4{b)(1), would be classified as a hazardous waste under 40 CFR Part 261. 22. Hazardous substance. Any substance listed in Table 302.4 of 40 CFR Part 302. 23. Hazardous waste.
Any substance identified or listed as a hazardous waste by the EPA pursuantto 40 CFR Part 261. 24. Hazardous waste treatment, disposal, and recovery facility. All contiguous land, and
structures, other appurtenances and improvements on the land, used for the treatment disposal, or recovery of hazardous waste. 25. Herbicide. A substance or mixture of substances used
to destroy destroy a plant or to inhibrt plant growth. 26. Industrial waste. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining,
production, trade, or business. 27. Motor vehicle fuel. Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gaSOline, diesel fuel, gasoline/alcohol
blend, and any other fluid used in a motor vehicle, 28. Municipal landfill (or landfill). An area of land or an excavation in which municipal solid waste is placed for permanent disposal,
and which is not a land treatment facility, a surface impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated by the Texas Water Commission).
29. Municipal separate storm sewer system (MS4). The system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains) owned and operated by the 􀀭􀀭􀁲􀀮􀀻􀀮􀀢􀀢􀁖􀁜􀁾􀀠and designed or used for collecting or conveying storm water, and which is not used for collecting or conveying
sewage. 30. Municipal solid waste. Solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish,
ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste. 31. NPDES General Permit for Storm Water Discharges Associated with Industrial
Activity (or Industrial General Permit). The Industrial General Permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41304 on September
9, 1992, and any subsequent modifications or amendments thereto. 32. NPDES General Permit for Storm Water Discharges from Construction Sites (or Construction General Permit), The Construction
General Permit issued by EPA on http://www.dfwstormwater.comIModeISW.rtf 
August 27, 1992, and published in Volume 57 of the Federal Register at page 41217 on September 9, 1992, and any subsequent modifications or amendments thereto. 33. NPDES permit. A permit
issued by EPA (or by the State under authority delegated pursuant to 33 USC § 1342(b» that authorizes the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis. 34. Non-point source. Any source of any discharge of a pollutant that is not a "point source." 35. Notice of Intent (NOI).
The Notice of Intent that is required by either the Industrial General Permit or the Construction General Permit. 36. Notice of Termination (NOT). The Notice of Termination that is required
by either the Industrial General Permit or the Construction General Permit. 37. Oil. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any
fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste. 38. Operator. The person or persons who, either individually
or taken together, meet the following two criteria: (1) they have operational control over the facility specifications (including the ability to make modifications in specifications);
and (2) they have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.
39. Owner. The person who owns a facility or part of a facility. 40. Person. Any individual, partnership, co-partnership, firm, company, corporation, association, jOint stock company,
trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all federal, state, and local govemmental
entities. 41. Pesticide. A substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as
a a plant regulator, defoliant, or desiccant (as these terms are defined in Section 76.001 of the Texas Agriculture Code). 42. Petroleum product. A petroleum product that is obtained
from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol;, other alcohol
blended fuels, aviation gasoline, kerosene, distillate fuel oil, and # 1 and #2 diesel. [The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product
destined for use in chemical manufacturing or feedstock of that manufacturing.] 43. Petroleum storage tank (PST). Anyone or combination of aboveground or underground storage tanks that
contain petroleum products and any connecting underground pipes. 44. Point source. Any discemable, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other fioating craft from which
pollutants are or may be discharged. This term does not include raturn flows from irrigated agriculture or agricultural storm water runoff. 45. Pollutant. Dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt, and industrial, municipal, and agricultural waste discharged into water. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from
cultivated or uncultivated range land, pasture land, and farm land. 46. Pollution. The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of,
any water in the State that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the h!lp:IIwww.dfwsrormwater.comlModeISW.rtf 
public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 47. Qualified personnel. Persons who possess the
appropriate competence, skills, and ability (as demonstrated by sufficient education, training, experience, andlor, when applicable, any required certification or licensing) to perform
a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally-accepted industry standards for such activity. 48. Registered
landscape architect (RLA). A person who has been duly licensed and registered to practice landscape architecture by the Texas Board of Architectural Examiners.] 49. Registered professional
engineer (RPE). A person who has been duly licensed and registered by the State Board of Registration for Professional Engineers to engage in the practice of engineering in the State
of Texas. 50. Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm
sewer system (MS4) or the waters of the United States. 51. Reportable quantity (RQ). For any "hazardous substance," the quantity established and listed in Table 302.4 of 40 CFR Part
302; for any "extremely hazardous substance," the quantity established in 40 CFR Part 355 and listed in Appendix A thereto. 52. Rubbish. Nonputrescible solid waste, excluding ashes,
that consist of (A) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (B)
noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal fumiture, and similar materials that do not bum at ordinary incinerator temperatures (1600 to
1800 degrees Fahrenheit). 53. Sanitary sewer (or sewer). The system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwallings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to 􀁴􀁨􀁥􀁾􀁳􀁥􀁷􀁡􀁧􀁥treatment plant (and to which storm water, surface
water, and groundwater are not intentionally admitted). 54. Septic tank waste. Any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic
tanks. 55. Service station. Any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks. 56. Sewage (or sanitary
sewage). The domestic sewage andlor industrial waste that is disshsrged ilito 􀁴􀁬􀁩􀁥􀁾􀁳􀁡􀁮􀁩􀁴􀁡􀁲􀁹􀀠sewer system and passes through the sanitary sewer system to theJi!:lltsewage
treatment plant for treatment. Site. The land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility
or activity. 58. Solid waste. Any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded
material, including, solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community
and institutional activities. 59. State. The State of Texas. 60. Storm water. Storm water runoff, snow melt runoff, and surface runoff and drainage. 61. Storm water discharge associated
with industrial activity. The discharge from any conveyance which is used for collecting and conveying storm water and Which is directly related to manufacturing, proceSSing, or raw
materials storage areas at an industrial plant which is within one of the categories of facilities listed in 40 CFR § 122.26(b)(14), and which is not excluded from EPA's definition of
the same term. 62. Storm water pollution prevention plan (SWPPP). A plan required by either the Construction General Permit or the Industrial General Permit and which describes and ensures
the implementation of practices that are to be used to reduce the http://www.dfwstonnwater.comIModeISW.rtf 
pollutants in storm water discharges associated with construction or other industrial activity at the facility, 63, Uncontaminated. Not containing a hamnful quantity of any substance,
64, Used oil (or used motor oil), Any oil that has been refined from crude oil or a synthetic oil that, as a resultof use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties but that may be suitable for further use and is
recyclable in compliance with State and federal law, 65. Water in the State (or water), Any groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the State, and all other bodies of surface water, natural or artifICial,
inland or coastal, fresh or salt, navigable or non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or
bordering the State or inside the jurisdiction of the State, 66. Water quality standard, The designation of a body or segment of surface water in the State for desirable uses and the
narrative and numerical criteria deemed by the Slate to be necessary 10 protect those uses, as specified in Chapter 307 of Title 31 of the Texas Administrative Code. 67. Waters of the
United States. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the
ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate
or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands
adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR § 122,2; but not including any waste treatment
systems, treatment ponds, or lagoons designed to meet the requirements of the federal Clean Water Act, 68. Wetland. An area that is inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and that under nomnal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas, 69, Yard waste, leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance
and land-clearing operations. II. GENERAL PROHIBITION A. No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is
not composed entirely of storm water. B. It is an affirmative defense to any enforcement action for violation of Subsection A of this section that the discharge was composed entirely
of one or more of the following categories of discharges: 1, A discharge authorized by, and in full compliance with, an NPDES permit (other than the NPDES permit for discharges from
the MS4); 2, A discharge or flow resulting from fire fighting by the Fire Department; 3, A discharge or flow of fire protection water that does not contain oil or hazardous substances
or materials [that the Fire Code in this Code of Ordinances requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of
pollutants must have occurred prior to discharge]; htlp:llwww.dfwstonnwater.comlModelSW.rtf 
􀁾􀀮􀁉􀀩􀀠 􀁾 4. Agricultural storm water runoff; 5. A discharge or flow from water line flushing. but no including a discharge from water line disinfection by superchlorination or 􀁯􀁴􀁨􀁾􀀠means
unless [the total residual chlorine (TRC) has been reduced to less than I mg/l and] it contains no harmful quantity of [chlorine or] any [other] chemical used in line disinfection; 6.
A discharge or flow from lawn watering, [or] landscape irrigation [. or other irrigation water]; 7. A discharge or flow from a diverted stream flow or natural spring; 8. A discharge
or flow from uncontaminated pumped groundwater or rising groundwater; 9. Uncontaminated groundwater infiltration (as defined as 40 C.F.R. § 35.2005(20)) to the MS4; 10. Uncontaminated
discharge or fiow from a foundation drain. crawl space pump, footing drain [, or sump pump); 11. A discharge or flow from a potable water source not containing any harmful substance
or material from the cleaning or draining of a storage tank or other container; 12. A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower.
emissions scrubber. emissions filter. or any other source of pollutant; . 13. A discharge or flow from individual residential car washing; 14. A discharge or flow from a riparian habitat
or wetland; 15. A discharge or flow from water used in street washing that is not contaminated with any soap, datergent, degreaser, solvent. emulsifier, dispersant, or any other harmful
cleaning substance; 16. 􀁾Storm water runoff from a roof that is not contaminated by any runoff or discharge from an emissions scrubber or filter or any other source of pollutanth. 􀁃􀀻􀁟􀁯􀀠17.
Swimming pool water [tha as been dechlorinated so that total residual chlorine (TRC) is less than 􀁾mgll and] that contains no harmful quantity of [chlorine.] muriatic acid or other
chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning. 1)1 Y'. ..f:.. r?W. C. No affirmative defense shall be available under 􀁓􀁕􀁢􀁳􀁥􀁾􀀧􀁾􀁦this
section if the discharge or flow in question has been datermined by the ICity 􀁾􀁴􀁯be a source of a pollutant or pollutants to the waters of the United States [or to the MS4]. written
notice of such determination has been provided to the discharger. and the discharge has occurred more than 15ifdays beyond such notice. The correctness of the [ . . ] determination that
a discharge is a source of a pollutant or pollutants may be revi ed in any administrative or judicial enforcement proceeding. http://www.dfwstormwater.comlModeISW.rtf 
III. SPECIFIC PROHIBITIONS AND REQUIREMENTS A. The specific prohibitions and requirements in this section are not [necessarily] inclusive of all the discharges prohibited by the general
prohibition in Section II. 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 wasta; 6. Any wastewater from a commercial carwash facility; from any vehicle 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 2PJ such vehicles; 17, Any wastewater from the washing, cleaning, de-icing, or other
maintenance of aircraft; B. 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 wash down 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 such 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 ready-mixed
concrete, mortar, ceramic, or asphaH base material or hydromulch material, or from the cleaning of [esIl'lFllllrQial?] vehicles or equipment containing, or used in transporting or applying,
such material; 13. Any runoff or washdown water from any animal pen, kennel, or foul or livestock containment are,! fsQRliliRiA9 FIlers IAllf! anifAalsf,-' htlp:llwww.dlWslormwater.comIModeISW.rtf

s,D 14. Any filter backwash from a swimming pool, lor1 fountain ror 􀁳􀁰􀁾􀀻􀀠! 15. Any swimming pool water containing [total residual chlorine (TRC) of __ mg!1 or more or containing)
any harmful quantity of [chlorine,) muriatic acid or otiher chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning; (,0 16. Any discharge from
water line disinfection 􀁾􀁥􀁲􀁣􀁨􀁬􀁯􀁲􀁩􀁮􀁡􀁴􀁩􀁯􀁮􀀠or otiher means if [the total residual chlorine (TRC) is at mg!1 or more or if) it contains any harmful quantity of [chlorine
or) any other chemical used in line disinfection; 17. Any fire protection water containing oil or hazardous substances or materials [that the Fire Code in this Code of Ordinances requires
to be contained and treated prior to discharge, unless treatment adequata to remove pollutants occurs prior to discharge. (This prohibition does not apply to discharges or How from fire
fighting by the Fire Department.)]; 18. Any water from a water curtain in a spray room used for painting vehicles or equipment; 19. Any contaminated runoff from a vehicle wrecking yard;
20. Any substance or material that will damage, block, or clog the MS4; 21. Any release from a petroleum storage tank (PST), or 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 satisfies all of the following criteria: (a) Compliance
with all state and federal standards and requirements; (b) No discharge containing a harmful quantity of any pollutant; [and] (cJ No discharge containing more than 50 parts per billion
of benzene; 500 parts per billion combined total quantities of benzene, toluene, ethylbenzene, and xylene (BTEX); or 15 mg!1 of total petroleum hydrocarbons (TPH). D. No person shall
introduce or cause to be introduced into the MS4 any harmful quantity of sediment, silt, earth, soil, or otiher material associated witih clearing, grading, excavation or otiher construction
activities [, or associated with landfilling or otiher placement or disposal of soil, rock, or other earth materials,] in excess of what could be reteined on site or captured by employing
sediment and erosion control measures to the maximum extent practicable 'under prevailing circumstances\. 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 tihrough 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 witih all state and federal
statutes and regulations including, witihout limitation, the Federal Insecticide, http://woNw.dfwstormwater.comlModeISW.rtf 
Fungicide, and Rodenticide Act (FIFRA) and all federal regulations promulgated pursuant to FIFRA; Chapters 63, 75, and 76 of the Texas AgricuHure Code and all state regulations promulgated
pursuant thereto; 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 [ . . or his/her delegate] and
any city law enforcement officer for examina!" n upon request. ]){r'. "f 1'.t.U. 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. 􀁾􀀠6. If
provided with a displ notice containing the provisions of this Subsection. pertaining to the regul ion of pesticides, herbicides. and fertilizers (or a reasonable description thereof),
he information that any user of the product may obtain further information from the' . 1, any person selling pesticides, herbicides. or fertilizers at retail a wholesale shall post the
notice prominently where it may be read by purcha ers of the product. 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 directiy 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.... RlIIRiei!'al·....aste laRdfilis. aRg ti.... ,s!stiBflG ar:e eReotJlB!lS9 lie fer "shall"] serve as public used oil collection centers as provided
by state statute in Section 371.024 of the Texas Health & Safety Code. 1'!>u.r\<"\ A retail dealer who ani,1uIy sells directly to the public more than 100 gallons of oil in contain rs
for use off-premises shall post in a prominent place a sign provided by the or by the state informing the public that improper disposal of used oil is prohibited by law. The sign shall
prominently display the toll-free telephone number of the state used oil information center. [If a sign is provided by http://www.dfwstormwater.comIModeISW.rtf 
􀀧􀁜􀀧􀁾􀀠􀀮􀀬􀁻􀁾􀀠the.GiIY. 􀁾􀀠shall also prominently display the 􀁾􀁉􀁥􀁰􀁨􀁯􀁮􀁥number where information concerning the proper disposal of used oil may be obtained.] I. [Any rohibitions
or requirements deemed necessary to canry out any "hazardous household was' " collection program that the City chooses to adopt (in ccmplianca with the wishes of Re on 6 expressed in
its draft, draft permit) -for example, requirements that household h ardous waste be segregated from other household waste, be discarded only at certain s ecified locations, and/or be
placed at curbside for collection only at specified times. ertain containers and security measures might also be required. Caution: Any hazardous ousehold waste program must comply with
Subchapter L of Chapter 330 of Title 31 of the TAC.] K. e, wetlands, IV. RELEASE REPORTING AND CLEANUP A. The person in charge of any facility, vehicle, or other source of any spilling,
leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or any other release of any of the following quantities of any of the following substances
that may flow, leach, enter, or otherwise be introduced into the MS4 or waters of the United States, shall immediately telephone and notify the.(Cj!y eRgiAseF] ccncerning the incident:
',Y/V' 􀁾􀀠 f?oj 1. An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 CFR Part 302; 2. An amount equal to or in excess of a
reportable quantity of any extremely hazardous substance, as established under 40 CFR Part 355; 3. An amount of oil that either (a) violates applicable water 􀁱􀁵􀁡􀁬􀁾􀀠standards, or
(b) causes a film or sheen upon or discoloration of the surface of the watar or an adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water
or upon an adjoining shoreline; or 4. Any harmful quantity of any pollutant. B. The immediate notification required by Subsection A shall include the following information: 1. The identity
or chemical name of the substance released, and whether the substance is an extremely hazardous substance; 2, The exact location of the release, including any known name of the waters
involved or threatened and any other environmental media affected; 3, The time and duration (thus far) of the release; 4, An estimate of the quantity and ccncentration (if known) of
the substance released; 5, The source of the release; http://www.dlwstormwater.comIModeISW.rIf 
6. Any known or anticipated health risks associated with the release and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals; 7. Any
precautions that should be taken as a result of the release; 8. Any steps that have been taken to contain and/or clean up the released material and minimize its impacts; and 9. The names
and telephone numbers of the person or persons to be contacted for further information. C. Within fifteen (15) days following such release, the responsible person in charge of the 􀁾􀀠facility,
vehicle, or other source of the release shall, unless waived by the [Cily "RSh ,eeFt' .... 􀁾OJ' submit a written report containing each of the items of information specified above in
\) Iv'. Ob ' paragraph S, as well as the following additional information: 1. The ultimate duration, concentration, and quantity of the release; 2. All actions taken to respond to, contain,
and clean up the released substances, and all precautions taken to minimize the impacts; 3. Any known or anticipated acute or chronic health risks associated with the release; 4. Where
appropriate, advice regarding medical attention necessary for exposed individuals; 5. The identity of any governmental/private sector representatives responding to the release; and 6.
The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences. 'l0'W"\ D. The notifications required by Subsections Sand C above all not relieve
the responsible person of any expense, loss, damage, or other liability ich may be incurred as a result of the release, including any liability for damage to the , to natural resources,
or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty, or other liability which may be imposed pursuant to this Ordinance
or to state or federal law. E. Any person responsible for any release as described in Subsection A above shall comply with all state, federal, and any other local law requiring reporting,
cleanup, containment, and any other appropriate remedial action in response to the release. F. Any person responsible for a release described in Subsection A above shall reimburse the
􀁴􀁜􀁾􀁾for any cost incurred by 􀁴􀁾􀁾􀁩􀁮responding to the release. V. STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES A. General Requirements 1. All operators of construction
sites shall use best management practices to control and reduce the discharge, to the MS4 and to waters of the Uniled Slates, of htlp:llwww.dfwstormwater.comIModeISW.rtf 
sediment, silt, earth, soil, and other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable 'under the circumstanceS\.
Such best management practices may include, but not be limited to, the following measures; (a) Ensuring that existing vegetation is preserved where feasible lallaiRaele:?) and that disturbed
portions of the site are stabilized as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. Stabilization measures may include:
temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate
measures; (b) Use of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the site to the extent feasible
(delllee elleillBble ?); (c) Minimization of the tracking of sediments off-site by vehicles, the generation of dust, and the escape of other windblown waste from the site; (d) Prevention
of the discharge of building materials, including cement, lime, concrete, and mortar, to the MS4 or waters of the United States; (e) Providing general good housekeeping measures to prevent
and contain spills of paints, solvents, fuels, septic waste, and other hazardous chemicals and pollutants associated with construction, and to assure proper cleanup and disposal of any
such spills in compliance with state, federal, and local requirements; (f) Implementation of proper waste disposal and waste management techniques, including covering waste materials
and minimizing ground contact with hazardous chemicals and trash; (g) Timely maintenance of vegetation, erosion and sediment control measures, and other best management practices in
good and effective operating condition; and (h) Installation of structural measures during the construction process to control pollutants in storm water discharges that will occur after
construction operations have been completed. Structural measures should be placed on upland soils to the degree attainable. Such installed structural measures may include, but not be
limited to, the following: storm water detention structures (including wet ponds); storm water retention structures; flow attenuation by use of open vegetative swales and natural depressions;
other velocity dissipation devices; infiltration of runoff on site; and sequential systems which combine several practices. Operators of construction sites are only responsible for the
installation and maintenance of storm water management measures prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated
with construction activity have terminated. 2. Qualified personnel (provided by the operator of the construction Site) shall inspect disturbed areas of any construction site that have
not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site,
at least once every seven calendar days and within 24 hours of the end of a storm that is 0.5 inches or http;//www.dfwstormw.ter.comlModeISW.rtf 
greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective
in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, best management practices shall be revised as appropriate, and as soon as is
practicable. 1><..., 00{-Pow. ::To...n'\ 3. The [City ERgiAeerl may require y plans and specifications that are prepared for the construction of site improve ents to illustrate and describe
the best management practices require by paragraph VA1 above that will be implemented at the construction site. The may deny approval of any building permit, grading permit, [sl:Iedilo·jsioQ
􀁾􀀱􀀸􀁴􀀻􀁬􀀠site development plan, or any other City approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described
in the plans or observed upon a site inspection by the' . ] are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with
clearing, grading, excavation, and other c nstruction activities to the maximum extent practicablefunder the circumste cesy' b IY. &t'. 􀁾LJ (DeW) 4. Any owner of a site of construction
activity, whether or not he/she is an operator, is jointly and severally responsible for compliance with the requirements 􀁩􀁮􀁾􀀠Subsection VA 5. \.Any contractor or subcontractor on
a site of construction activity, who is not an owner or operator, but who is responsible under his/her contract or subcontract for implementing a best management practices control measure,
is jointly and severally responsible for any willful or negligent failure on his/her part to adequately implement that control measure)!f such failure causes or contributes to causing
the 􀀢􀁦􀁯􀁾􀁯violate a water quality standard, 􀁴􀁨􀁾􀁾NPDES permit, or any Stateissued discharge permit for discharges froLts",MSr B. Five-Acre Disturbances 1{)w(l!:; All operators
of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of five or more acres of tolalland area, or that are part of
a common plan of development or sale within Which five or more acres of totelland area are disturbedJ,or who are required to obtain an NPDES permit for storm water discharges associated
with construction activity], shall comply with the following requirements (in addition to those in Subsection V.A): 1. Any operator who intends to obtain coverage for st water discharges
from a construction site under the NPDES General Per t for Storm Water Discharges From Construction Sites phe Construction Ge eral Permif') shall submit a signed copy of its Notice of
Intent (NOI) to the [ . at least [2] days prior 10 the commencement of construction activities. If the construction activity is already underway upon the effective date of this Ordinance,
the NOI shall be submitted within thirty (30) days. For storm water discharges from construction sites where the operator changes, an NOI shall be submitted at least [2] days prior to
when the operator commences work at the site, 2. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the Construction
General Permit or any individual or group NPDES permit issued for storm water discharges from the construction site, and with any 􀁡􀁤􀁤􀁩􀁾􀁾􀁮􀁡􀁬􀀠requirement imposed by or under
this Ordinance/and any other city ordinanco/hUp:llwww.dfwstormwater.comlModeISW.rtf 
3. 4. 5. 6. 7. 8. 9. tSn a site of more than one acre in totalljlnd area (or a site which is impacted by offsite drainage for more than one acre)Y, the SWPPP shall be prepared, signed,
and sealed by a Registered Professional Engineer. .{The signature and seal of the Registered Professional Engineer shall constitute his/her attestation that the SWPPP fully complies
with the requirements of the Construction General Permit, or with any applicable individual or group NPDES permit issued for storm water discharges from the construction site, and with
any additional requirement imposed by or under this Ordinance/.rrhe SWPPP shall contain the name, title, and business address of the Registered Professional Engineer signing it, and
the date that he/she did so,r \).f,u The SWPPP shall be completed prior to the submittal ofthe NOI to the!Gitf" • 􀁾and, for new construction, prior to the commencement of construction
activities. The SWPPP shall be updated and modified as appropriate and as required by the Construction General Permit and this Ordinance. A'Any update or modification to the SWPPP shall
be prepared, signed, and sealed by a Registered Professional Engineer, if the original SWPPP was required by paragraph V.B,3 to have been prepared by a Registered Professional Enginee!i-A
copy of any NOI that IS required by paragraph V.B.1 shall be submitted to the City in conjunction with any application for a building permit, grading permit, 􀁦􀀦􀁩􀀮􀁬􀁢􀁤􀁩􀁾􀁩􀀡􀀡􀀡􀁩􀁯􀁬􀀧􀁬􀀠􀁾s
ite development plan approval, and any other City approval necessary to commence or continue construction at the site. ']) 􀁾􀁴􀀮􀁖􀀮􀀠The [Cil'ji ERgineeF1 may require any operator
who is required by paragraphV.B.2 to prepare a SWPPP to submit the SWPPP, and any modifications thereto, to the IGitrDftv IEFi9illeerj for review. Such submittal and review of the SWPPP may be required by the fOil)
􀁾􀁩􀁒􀁥􀁥􀁬􀀧􀁪􀀠prior to commencement of or during construction activities at the site. 'D.(>W. -n. . "D.-Rw. -je> ""'" Upon the' . 1review of the SWPPP and any site inspection that
he/she may conduct, the . may deny approval of any building permit, grading permit. 􀁾􀁳􀁵􀁢􀁤􀁩􀁶􀁩􀀸􀁩􀀶􀁒􀀠Illat,l-site development plan, or any other City approval necessary to commence
or continue construction, or to assume occupancy, on the grounds that the SWPPP does not comply with the requirements of the Construction General Permit, any individual or group NPDES
permit issued for storm water discharge from the construction site, or any additional requirement imposed by or under this Ordinance. Also, if at any time th . . 1determines that the
SWPPP is not being 􀁦􀁵􀁾􀁾􀀠implemented, the City may milarly deny approval of any building permit, grading permit, ite development plan or any other City approval necessary to commence
or c tinue construction, or to assume occupancy, at the sit1 D, (l,r.J . 􀁁􀁮􀁹􀀮􀀨􀁳􀁩􀁧􀁮􀁩􀁦􀁲􀁣􀁡􀁮􀁾􀁯􀁤􀁩􀁦􀁩􀁣􀁡􀁴􀁩􀁯􀁮􀀠to the swppP,.for a site of more than one acre of total
/land area (or a site which is impacted by offsita drainage from more than one acrelY shall be prepared, signed, and sealed by a Registered Professional Engineer as required for the
original SWPPP by paragraph V.B.3. All contractors and subcontractors identified in an SWPPP shall sign a copy of the following certification statement before conducting any professional
service identifred in the SWPPP: I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDESl permit that
authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification f. with the Storm Water Ordinance of the
http:/twww.clfwstormwater.comlModeISW.rtf 
,\:0 f>r', Cilyof , and with those provisions of the Storm Water Pollution Prevention Plan (SWPPP) for the construction site for which I am responslbl;Y The certification must include
the name and title of the person providing the signature; the name, address, and telephone number of the contracting firm; the address (or other identifying description) of the site;
and the date the certification is made. 10, The SWPPP, with the Registered Professional Engineer's signature and seal affixed, and the certifications of contractors and subcontractors
required by paragraph V,B.9, and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization,
11. The operator shall make the SWPPP and any modification thereto available to the 􀁛􀁃􀁩􀁜􀁊􀁾􀀬􀁩􀁁􀁥􀁥􀁾􀁊􀀮􀁵􀁰􀁯􀁮􀀠request (as well as to EPA and State inspectors), 12, The [Oily
El'!!liAeer] may notify the operator at any time that the SWPPP does not meet the requirements of the Construction General Permit, any applicable individual or group NPDES penmit issued
for stonm water discharges from the construction site, or any additional requirement imposed by or under this Ordinance, Such notification shall identify those provisions of the permit
or Ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements. Within seven (7) days of such
notification from the' , (or as otherwise provided by the 􀁾1J.(l.WiiiR9ineec]), the operator s II make the required changes to the SWPPP and shall submit to the' ' r] a written certification
that the requested changes have been made, 􀀧􀁐􀀮􀁾􀁴􀁊􀀮􀀠13, The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance, which
has a Significant effect on the potential for the discharge of pollutants to the MS4 orto the waters of the United States, and which has not otherwise been addressed in the SWPPP, or
If the SWPPP proves to be ineffective in eliminating or Significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stonm water
discharges associated with construction activity, In addition, the SWPPP shall be amended to identify any new contractor andlor subcontractor that will implement a measure in the SWPPP,
14, Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of the construction site that have not been finally stabilized, areas used for
storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once every seven calendar days and
within 24 hours of the end of the stonm that is 0.5 inches or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for
evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SWPPP shall be observed to ensure that they are operating
correctly, Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing Significant impacts to
receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking, 15. Based on the results of the inspections
required by paragraph V.B.14, the site description andlor the pollution prevention measures identified in the SWPPP shall be revised as appropriate, but in no case later than seven calendar
days following htlp:llwWw.dfwstom<water.comlModeISW.rtf 
the inspection. Such modifications shall provide for timely implementation of any changes to the SWPPP within sellen calendar days following the inspection, 16, A report summarizing
the scope of any inspection required by paragraph V,B.14, and the name(s) and qualifications of personnel making the inspection, the daters) of the inspection, major observations relating
to the implementation of the SWPPP, and actions taken in accordance with paragraph V. B.15 above shall be made and retained as part of the SWPPP for at least three years from the date
that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain
a certification that the facility is in compliance with the SWPPP, t/1e facility's NPDES permit, and this Ordinance. The report shall be certified and signed by the person responsible
for making it 17, The operator shall retain copies of any SWPPP and all reports required by this Ordinance or by the NPDES permit for the site, and records of all data used to complete
the NOI, for a period of at least three years from the date that the site is finally stabilized. 18, Where a site has been finally stabilized and all storm water discharges from construction
actillities that are authorized by this Ordinance and by the NPDES permit for those construction activities are eliminated, or where the operator of aU storm water discharges at a facility
changes, the operator of the construction site shall submit to the' . ] a Notice of Termination (NOT) that includes the information required for otices of Termination by Part VIII of
the Construction General Permit. \)%l 􀁾􀁦􀁶􀁊􀀠[19. Upon final stabilization of the construction site, the owner (or 􀁴􀁾􀁾􀁕􀀽􀁾􀀻􀁩􀁚􀁥􀁤representative thereof) shall submit written
certification to the . 1that the site has been finally stabilized, (See definition of final stabilization in this Ordinance,) The City may withhold an occupancy or use permit for any
premises constructed on the site until such certification of final stabilization has been filed and the [ . as determined, following any appropriate inspection, that final stabilizatio
has, in fact, occurre9 and that any required permanent structural controls h e 􀁾􀁻􀁊􀁣􀁯􀁭􀁰􀁬􀁥􀁴􀁥􀁤􀁊􀀧􀀠VI. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY A All operators
of (4) mlloicipallaRgfills; (2) A82!1f'!l91lS w!lete Ii eall'l'leAI, 9i6139581, aflll 􀁾􀁇􀁏􀁬􀁴􀀧􀁩􀁲􀁹􀀠􀁦􀁡􀁾􀁩􀁬􀁩􀁴􀁩􀀹􀁬􀁩􀁩􀀠!ii) indtlstr ial facilities II lat are stlbjee! Ie
8eelieA a1 a af Tille III af tl:!.. 􀁣􀀸􀁾􀁬􀀧􀁥􀁆􀁦􀁬􀀻􀁁􀁅􀁉􀀠AA'leFiaments alid ReatlH,orizatioli Act of 1986 (SARA) 42, use § 11923; !IAa (4) industrial facilities that the' . determines
are contributing a substantial pollutant loading to the MS4, which are urces of storm water discharges associated with industrial actillity, shall comply with the ollowing requirements:
DP'-w. D. PoW· .. 1. Any operator who intends to obtain coverage for storm water dischar e associated with industrial activity under the NPDES Generel Permit for Storm ater Discharges
Associated With Industrial Activity ("the Industrial Ge ral Permir') shall submit a signed copy of its Notice of Intent (NOI) to the' , at least [2] days prior to the commencement of
the industrial activity at the facility. If industrial actillity is already underway upon the effective date of this Ordinance, the NOI shall be submitted within thirty (30) days. Where
the operator of a facility with a storm water discharge associated with industrial activity which is cOllered by the Industrial General Permit changes, the new operator of the facility
shall submit an NOI at least [2] days prior to the change. http://Www,dfwstormw.teLcomIModeISW.rtf 
2. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and implemented in accordance with the requirements of the Industrial General Permit or any individual or group NPDES
permit issued for storm water discharges from the industrial facility, and with any additional reguirement imposed by or under this Ordinance,(, and any other City ordinancElr. 3. The
SWPPP shall be prepared, signed, and sealed by a Registered Professional Engineer. jrhe Signature and seal of the Registered Professional Engineer shall constitute his/her attestation
that the SWPPP fully complies with the requirements of the Industrial General Permit, or with any applicable individual or group NPDES permit issued for stonn water discharges from the
industrial facility, and within any additional requirement imposed by or under this Ordinanc£lj}.fThe SWPPP shall contain the name, title, and business address of the Regis{ered Professional
Engineer signing it, and the date that he/she did so; 4. The SWPPP shall be completed prior prior to the submittel of the NOI to the [City Engineer] and, for a new industrial operation,
prior to the commencement of the industrial activity at the facility. The SWPPP shall be updated and modified as appropriate and as required by the Industrial General Permit and this
Ordinance. tlAny update or modification to the SWPPP shall be prepared, signed, and sealed by a Registered Professional Engineer.! 1'lflV"'" 5. A copy of any NOI that is required by
paragraph VI.A.1 shall be submitted to the " 􀁾in conjunction with any application for a permit or any other !Atfapproval I\.'J>J necessary to commence or continue operation of the industrial
facility. 1> .t>.v.l 6. The teltY 􀁅􀁩􀁩􀁧􀁩􀁁􀁾􀁥􀀧􀁊􀀠may require any operator who is required by paragraph VI.A.2 to prepare a SWPPP to submit the SWPPP, and any modifications thereto,
to the 􀀧􀁖􀁾􀁉􀂻􀀠 [City Ellllillee:1'j for review. Such submittal and review of the SWPPP may be required by the [Gibj 5ggiqeerj prior to commencement of or during industrial activity
althe facility. ui«.J 􀂫􀁾􀀠7. Upon the review of the SWPPP and any site inspection that helshe may conduct, the . may deny approval of any application for a pennit or any ,(.",fV""
olher"l::ity.approval necessary to commence or continue operation ofthe facility, on 'IV" the grounds thatthe SWPPP does not comply with the requirements of the Industrial General Permit,
any individual or group NPDES permit issued for stonn water discharges from the industrial facility, or any additional requirement imposed by or under this Ordinance. [Also, if at any
time the' . l detennines that the SWPPP is not being fully Implemented, 􀁴􀁨􀁾􀁡􀁹􀀠Imllarly deny approval of any application for a penni! or other 􀁾􀁾􀁯􀁶􀁡􀁬􀁬􀁮􀁥􀁣􀁥􀀠ary to commence
or continue operation of the Industrial facility.] ">-[8-""'" 1)f uJ 8. Any (sIgnificant/modification to the SWPPP shall be prepared, signed, and sealed by a Registered Professional
Engineer, as required for the original SWPPP by paragraph VI.A.3. 9. The SWPPP, with the Registered Professional Engineer's signature and seal affixed, and with any modifications attached,
shall be retained at the industrial facility from the date of commencement of operations until all storm water discharges aSSOCiated with industrial activity at the facility are eliminated
and the required Notice of Termination (NOT) has been submitted. 10. The operator shall make the SWPPP and any modification thereto available to the [City EggiReer] upon request (as
well as to EPA and State inspectors). DPu..l hltp;/Jwww.dfwstormwater.comlModeISW.rtf 
􀀧􀀱􀀾􀁾􀁾􀀮􀀠11. The -ICit)' ER!jiAee,j may notify the operator at any time that the SWPPP does not meet the requirements of the Industrial General Permit, any applicable individual
or group NPDES permit issued for storm water discharges from the industrial facility, or any additional requirement imposed by or under this Ordinance. Such notification shall identify
those provisions of the permit or Ordinance which are not being met by the SWPPP, and identify which provisions of the SWPPP require modifications in order to meet such requirements.
Within thirty (30) days of such notification from the !Cit;r EngiReeli (or as otherwise provided by the [€!it1 En!jilieel'j), the operator shall make the required changes to the SWPPP
and shall submit to the fWil"y En!jiRoor] a written certification that the requested changes have been made. 12. The operator shall amend the SWPPP whenever there is a change in design,
construction, operation, or maintenance, which has a Significant effect on the potential for the discharge of pollutants to the MS4 or to the waters of the United States, or if the SWPPP
proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in storm water discharges associated
with industrial activity. 13. Qualified personnel (provided by the operator) shall inspect equipment and areas of the facility speCified in the SWPPP at appropriate intervals. A set
of tracking or followup procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspection shall be maintained. 14. Qualified
personnel (provided by the operator) shall conduct comprehensive site compliance evaluations as required by Part IV. D.4 of the Industrial General Permit at intervals of no less than
once per year. Based on the results of the compliance evaluation, the description of potential pollutant sources and the pollution prevention measures and controls identified in the
SWPPP shall be revised as appropriate within two weeks of such evaluation and shall provide for implementation of any changes to the SWPPP in a timely manner, but in no case more than
twelve weeks after the compliance evaluation. 15. A report summarizing the scope of the comprehensive site compliance evaluation required by paragraph VI.A.14, personnel making the compliance
inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken in accordance with necessary and appropriate plan revisions
shall be made and retained as part of the SWPPP for at least one year after all storm water discharges from the facility are eliminated and the required NOT has been submitted. The report
shall identify any incidence of noncompliance; or, if the report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance
with the SWPPP, the applicable NPDES permit, and this Ordinance. The report shall be signed by the individual responsible for the comprehensive site compliance evaluation (',nd it shall
be submitted to the,tGi!)i EA!jiReel)j"within ten days of its completiorJl( 16. If the industrial facility is required by Part VI.B.2 of the Industrial General Permit to conduct semi-annual
monitoring, asigned copy of each semi-annual monitoring report prepared in accordance with Part VI.D. shall be submitted to the 􀁾􀀠t ••glneer]. 17. If the industrial facility is required
by Part VLB.3 of the Industrial General Permit to conduct annual monitoring, records of the monitoring results shall be retained at the facility and made available to the [Cit)' ERgille&Ftupon
request If expressly required by the [Giiy 􀁅􀁾􀀡􀀳􀁩􀁁􀁥􀁥􀁲􀁬􀀬􀀠a written report of the annual monitoring shall be prepared and submitted to the [City Ell!jiReerj. htlp11wwN.dfwstormwate,.com/Mode
'SW.rtf 
18. By written notice, the [6it')' 􀁉􀁩􀁒􀁾􀁩􀁒􀁥􀁥􀁲􀀱􀀠may require any industrial facility identified in accordance with this Section VI to implement a monitoring program that includes
the submission of quantatlve data on the following constituents: any pollutants limited in effluent guidelines subcategories, where applicable; any pollutant listed in an existing NPDES
permit for the facility; oil and grease, COD, pH, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate plus nitrite nitrogen, and any information on discharges required under
40 C.F.R. 122.21(g)(7)(iii) and (iv). The [CIty EligiAeef] may require written reports of any such monitoring to be submitted to him/her. 19. By written notice, the 􀁛􀁾􀁭􀁡􀁹require
any industrial facility identified in this Section VI to conduct semi-annual or annual monitoring of storm water discharges, or the 􀁾􀁬may specify an alternative monitoring frequency
andior specify additional parameters to be analyzed. The [City EI'I!!iReerj may require written reports of any such additional monitoring to be submitted to him/her. 20. The operator
shall retain the SWPPP until at least one year after storm water discharges associated with industrial activity at the facility are eliminated, or that operator is no longer operating
the facility, and a Notice of Termination (NOT) in compliance with paragraph VIA24 has been submitted. The operator shall retain all records of all monHoring information, copies of all
required reports, and records of all data used to complete the NOI, until at least one year after all storm water discharges associated with industrial activity at the facility are eliminated,
or the operator ceases to operate that facility, and the required Notice of Termination (NOT) has been submitted. 21. For discharges subject to the semi-annual or annual monitoring requirements
of Part VI.B. of the Industrial General Permit, in addition to the records-retention requirements of the paragraph above, operators are required to retain for a six year period from
the date of sample collection, records of all monitoring information collected. Operators must submit such monitoring results, and/or a summary thereof, to the fOily ER!jiReerj upon
his/her request. 22. As expeditiously as p icable, but in discharge compo 11 of coal pile discharge sh suspend order 23. After October 1, 1995, no discharge shall contain any of the
following hazardous metals in a concentration exceeding the maximum allowable concentrations (in mgll) of each of the hazardous metals listed below: Total Monthly Daily Single Metal
Average CompOSite Grab Arsenic 0.1 0.2 0.3 Barium 1.0 2.0 4.0 Cadmium 0.05 0.1 0.2 Chromium 0.5 1.0 5.0 Copper 0.5 1.0 2.0 Lead 0.5 1.0 1.5 htlp:limIw.dfwstonnwater.comlModeISW.rtf 
Manganese 1,0 2,0 3,0 Mercury 0,005 0,005 0.Q1 Nickel 1,0 0,1 0,2 Selenium 0,05 0,1 0,2 Silver 0,05 0,1 0,2 Zinc 1,0 2,0 6.0 24, Where all storm water discharges associated with industrial
activity that are authorized by this Ordinance, and by the NPDES permit for those discharges from industrial activities, are eliminated, or where the operator of storm water discharges
associated with industrial activity at a facility changes, the operator of the facility shall submit to 􀁴􀁨􀁾􀁬􀁧􀁩􀁬􀁩􀁥􀁥􀁱a Notice of Termination (NOT) that includes the information
required for Notices of Termination by Part IX of the Industrial General Permit B, Any owner of a facility with a storm water discharge associated with industrial activity to which Subsection
A applies, whether or not he/she is an operator of the facility, is jointly and severally responsible for compliance with the best management practices (BMP) measures required in the
SWPPP for the facility,dRS for complianc;e with 􀁴􀁨􀁥􀁾􀁪􀁩􀀡􀁬􀀺􀁉􀁾􀁾eeal=> 􀁾􀀬􀀮p'..fhlllil hazardous 􀁬􀁉􀁩􀁥􀁴􀁴􀁬􀁬􀁩􀁬􀀼􀁥􀁾􀁥􀁥􀁩􀁦􀁩􀁥􀁣􀁬􀁣􀀺􀀮􀁩􀁬􀁬􀀠palaglaphi'fll.,o"aa
EIRe! VI.A.23 above, 01<.. C, Upon request by the [City Engineer], all owners and operators of any facility that experiences a problem complying with the requirements of this Ordinance,
the Industrial General Permit, or any applicable individual or group N PDES permit issued for storm water discharges from the industrial facility, shall consult with the (CiI¥,IiA!iliReelj,
any other representative of 􀁴􀁨􀁥􀁾􀁡􀁮􀁤any third-party designated by the,foil'fin an attempt to achieve compliance as soon as practicable, If compliance is not achieved to the C'M'!"
satisfaction, the.,Pit(may, in its discretion, report the noncompliance to EPA andfOr the State, and/or the City may itself undertake any enforcement action authorized by Sections IX,
XI, or XII of this Ordinance, Exercise of 􀁴􀁨􀁾􀁯􀁐􀁴􀁩􀁯􀁮for consultation under this Subsection VI,C, shall not be a bar against, or prerequisite for, taking any other enforcement
action against any owner or operator of the facility, VII, COMPLIANCE MONITORING A. Right of Entry: Inspection and Sampling The 􀁛􀁾􀁬shall have the right to enter the premises of any
person discharging storm water to the municipal separate storm sewer system (MS4) or to waters of the 􀁕􀁮􀁩􀁴􀁾􀀻􀁙􀀠States to determine if the discharger is complying with all requirements
of,this Ordinanc% . and with any state or federal discharge permit, limitation, or requiremenlY Dischargers shall allow the [.CjIy EI'l!jil'leer] ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties, Dischargers shall make available to the..fGity !"fl9llieel'j,
upon request, any SWPPPs, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, Notices of Intent, and any other records, reports, and other documents
related to compliance with this Ordinance and with any state or federal discharge discharge permit 1, Where a discharger has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the.,fCiFj
EllgilleeFtwili be permitted to enter without delay for the purposes of performing his/her responsibilities. http1tw.1w,dfwslormwater,oomlModeISW,rtf 
2. The [Sit\! EngllleSlTshall have the right to set up on the discharger's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of
the discharger's operations. 3. The [City Er IgiR9ir:j may require any discharger to the MS4 or waters of the United States to conduct specified sampling, testing, analysis, and other
monitoring of its storm water discharges, and may specify the frequency and parameters of any such required monitoring. 4. The-te1lY 􀁾􀁉􀁩􀁧􀁬􀁲􀀠leer] may require the discharger to
install monitOring equipment as necessary [at the discharger's expense]. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction
to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the discharger at the written or verbal request of the""(Gi1¥ (;PQineec] and shall
not be replaced. The costs. L of clearing such access shall be bome by the discharger. 6. \'J\§Unreasonable delays in allowing the1Cit/aFigiReeFj access to the discharger's premises
shall be a violation of this Ordinance. B. Search Warrants If the rsav EOOineer] has been refused access to any part of the premises from which storm water is discharged, and he/she
is able to demonstrate probable cause 10 believe that there may be a violation of this Ordinance,!Or any state or federal discharge permit, limitation, or requiremenlVor that there is
a need to inspect and/or sample as part of a routine inspection and sampling program of the"Cil¥ designed to verify compliance with this Ordinance or any order issued hereunder, or to
protect the overall public health, safety, and welfare of the community, then the [City ER!lifleer'j may seek issuance of a search warrant from any court of competent jurisdiction. VIII.
CITIZEN PARTICIPATION [AND PUBLICATION] A. Citizen Reports of Violations 1. All citizens are encouraged to report to the teity gnginegFj or his/her delegate any spills, releases, illicit
connections, other instances of anyone discharging pollutants into the MS4 or waters of the United States, and any other violation of this Ordinance of which they become aware. 2. The
leil)' IiiiR!liAeer] will deSignate an individual or office within his/her Idivision, department, etc)'to receive all such citizen reports by telephone, in Vlriting, and in person. A
written record of each citizen report will be prepared and kept on file for a period of ..:i.. years, and a copy of the City's record of the report v;ill be furnished to the reporting
citizen upon request. Also upon request, the fQity EIi\lil_r] will inform the reporting citizen of any action undertaken by thej;.ilfrn response to the citizen's report. [B. Publication
of Dischargers in Significant Noncompliance The [Sity liAgiReSI] may periodically publish, in a daily newspaper generally distributed within the City, a list of owners and operators
of discharges to the MS4 or waters of the United States from sites of construction and industrial activity which, during the previous http://www.dfwstonnw.ter.comIModeISW.rtf 
J v\J k.-months, were in significant noncompliance with the requirements of this Ordinance. The term "significant noncompliance" shall mean: 1. Introducing or causing to be introduced
into the waters of the United States any discharge that violates a water quality standard; 2. Introducing or causing to be introduced into the MS4 any discharge that causes or contributes
to causing the-€lity-to violate a water quality standard, the 􀁾NPDES permit, or any state-issued discharge permit for discharges from the 􀁾􀁳MS4; 3. Any connection of a line conveying
sanitary sewage, domestic or industrial, to the MS4, or allowing any such connection to continue; 4. Any discharge of pollutants to the MS4 or waters of the United States that has caused
an imminent or substantial endangerment to the health or welfare of persons or to the environment, or has resulted in the [Git)· ERgiAeer's) exercise of his/her emergency authority to
halt or prevent such a discharge; 5. Any violation that has resulted in injunctive relief, civil penalties, or criminal fine being imposed as a judicial remedy under Section XI of this
Ordinance; or 6. Any other violation(s) which the [Girl EngiAeer] determines to be chronic or especially dangerous to the public or to the environment. ....-.:􀁲􀁾􀀠7. Any failure to
comply with a compliance 􀁳􀁃􀁨􀁥􀁤􀁵􀁬􀁾whether imposed by the,.enyor by a court,Jf IX. ADMINISTRATIVE ENFORCEMENT REMEDIES A. Warning Notice When the [City Engineer} finds that any
person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, the .(Cil>' ipgiRser] may serve upon that person a written Waming Notice,
specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge
will cease. Investigation and/or resolution of the matter in response to the Waming Noticein no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority
of the [ei'.,. ["giNtElr) to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice. B. Notification of Violation When the
[ei:ty Ellgi"_) finds that any person has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, the (City EllgiA98f) may serve upon that
person a written Notice of Violation. Within ten (10) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of
reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the l;Qity E. i!3iRs8f). If the alleged violator denies that any violation occurred
and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to 􀁴􀁨􀀦􀁦􂂬􀀻􀁩􀁉􀀩􀁬􀁤􀁩􀁒􀁳􀁩􀁮􀁥􀁥􀁾􀁬􀀠within
ten (10) days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt
of the Notice of Violation. Nothing in this section shall limit the authority of the {Cil}' ERgiReert to take any http://www.dfwstormwater.comlModeISW.rtf 
action, including emergency action or any other enforcement action, without first issuing a Notice of Violation. C. Consent Orders The fGily ERgiCleaT] may enter into Consent Orders,
assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any prOVision in this Ordinance or any order
issued hereunder. Such documents may include speCific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall
have the same force and effect as the administrative orders issued pursuant to Subsections IX.E. and IX.F. and IX.G. of this Ordinance and shall be judicially enforceable. D. Show Cause
Hearing The [@ity ERgilli'if.j may order any person who has violated, or continues to violate, any provision of this Ordinance, or any order issued hereunder, to appear before the 􀁾􀀠Engil1ee!'j
and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement
action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the
alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in paragraph XA7 of this Ordinance. A show cause hearing shall not be a bar against,
or prerequisite for, taking any other action against the alleged violator. E. Compliance Orders When the [CiIof'Engineerj finds that any person has violated, or continues to violate,
any provision of this Ordinance, or any order issued hereunder, the [l!:lty ERgiReer] may issue an order to the violator directing that the violator come into compliance within a specified
time limit. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the
amount of pollutants discharged to the MS4 and waters of the United States. A compliance order may not extend the deadline for compliance established by a state or federal standard or
reqUirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the violator. F. Remediation. Abatement. and Restoration Orders When the 􀁛􀁾􀁧􀁩􀁒􀀸􀁥􀁲􀁝finds that a person has violated, or
continues to violate, any provision of this Ordinance, or any order issued hereunder, and that such violation has adversely affected the MS4, the waters of the United States or any other
aspect of the environment, the [Sit}' eRgifleer] may issue an order to the violator directing himlher to undertake and implement any appropriate action to remediate and/or abate any
adverse effects of the violation upon the MS4, the waters of the United States, or any other aspect of the environment, and/or to restore any part of the MS4, the waters of the United
States, or any other aspect of the environment that has been harmed. Such remedial, abatement, and restoration action may include, but not be limited to: monitoring, assessment, and
evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment, and disposal of any discharged
or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result http://www.dlWstormwater.comIModeIS
W.rtf 
from the violation; restoration or replacement of City property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration
be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this Subsection does not relieve the violator of liability
for any violation, including any continuing violation. Issuance of an order under this Subsection shall not be a bar against, or a prerequisite for, taking any other action against any
responsible party. G. Emergency Cease and Desist Orders When 􀁴􀁨􀁥􀁾􀁬􀁴􀁬􀀱􀀡􀀧􀁬􀀺􀁧􀁬􀁩􀁩􀁥􀁥􀁬􀁬􀀠finds that any person has violated, or continues to violate, any provision of this
Ordinance, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) have caused or contributed to an actual or threatened
discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the enVironment,
the [9ip,' P, gil .c6I'}may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to: 1. Immediately comply with
all Ordinance requirements; and 2. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations
and/or terminating the discharge. Any person notified of an emergency order directed to it under this Subsection shall immediately comply and stop or eliminate its endangering discharge.
In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the 􀁾􀀠1!!llsiMelltj may take such steps as deemed necessary to prevent or minimize
harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment 􀁾including immediate termination of a facility's water supply, sewer connection,
or other municipal utility 􀁳􀁥􀁲􀁶􀁩􀁣􀁥􀁾􀀠The [Gil)< ER!jiReeFj may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the{CilY FngiQ99fl
that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this Ordinance. A person that is responsible, in whole or
in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to the [Cit, EFlQiReerl within .!l..-days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the violator. H. "Red Tags" Whenever the [Gity el'l!lineerj finds that any operator of a construction site has violated, or continues to violate,
any provision of Section Vof this Ordinance, or any order issued thereunder, the [City I'!••gIR88r.] may order that a "Red Tag" be issued to the operator, posted at the construction
site, and distributed to all City departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the !Sit¥ 􀁅􀁮􀁧􀁩􀁰􀀨􀁾􀁥􀁲􀁬􀀬􀀠the
"Red Tag" shall prohibit any further construction activily at the site and shall bar any further inspection or approval by the City associated with a building permit, grading permit,
(SUbdi"isieR ,.Iat approllal,j site development plan approval, or any other City approval necessary to commence or continue construction or to assume occupancy at the site. Issuance
of a "Red Tag" order shall not be a bar against, or a prerequisite for, taking any other action against the violator. X. RIGHT TO RECONSIDERATION, HEARING, AND APPEAL http://www.dfwstonnwater.comlMod
eISW.rtf 
A. Reconsideration and Hearing 1. Any person subject to a Compliance Order under Subsection IX.E, a Remediation, Abatement or Restoration Order under Subsection IX.F, an Emergency Cease
and Desist Order under Subsection IKG, or a Red Tag Order under Subsection IX.H of this Ordinance may petition the [eity Eliglfleer] to reconsider the basis for his/her order within
,>%U¥J 􀀨􀁾days of the affected person's notice of issuance of such an order. 2. Failure to submit a timely written petition for reconSideration shall be deemed to be a waiver of any
further right to administrative reconsideration or review of the order. 3. In its petition, the petitioning party must indicate the provisions of the order objected to, the reasons for
the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, and
whether the petitioning party requests a hearing on its petition. 4. The effect of any Compliance Order Order under Subsection IX.E, Remediation, Abatement, or Restoration Order under
Subsection IX.F, and any Red Tag Order under Subsection IX.H shall be stayed pending the [Cit)· 6RIJiAeer's] reconsideration of the petition, and any hearing thereon, unless the fGity
IiiA!liliee,] expressly makes a written determination to the contrary. The effectiveness of any Emergency Cease and Desist Order under Subsection IX.G shall not be stayed pending the
􀁾􀀠, el'lgiReer's] reconsideration, or any hearing thereon, unless the City EA!liliee, expressly and in writing stays his/her emergency order. 5. Within $€\I.t¥\ t.;:t.J days of the
submittal of a petition for reconsideration, the [City ER!)ille9r] shall either (1) grant the petition and withdraw or modify the order accordingly; (2) deny the petition, without hearing
if no material issue of fact is raised; or (3) if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition. 6. Written notice of any hearing
set by theteil.,!, EASiRseFj pursuant to paragraph XA5 above shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least
ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party. 7. The [Gil; EAgineer,j may himself/herself conduct Ihe hearing
and take evidence, or he/she may designate any employee of 􀁴􀁨􀁾􀁲any specially-designated attomey or engineer 10: ---rG""" (a) issue in the name of IheJdHYnotices of hearing requesting
the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing; (b) take evidence; (c) transmit a report of the evidence and
hearing, including transcripts and other evidence, together with recommendations to the [Gil}' liiA!liA91ii1'j for action thereon. At any hearing held pursuant to this Subsection, testimony
taken shall be under oath and recorded. Any party is entitled 10 present his/her case or defense by oral or documentary evidence and to conduct such cross-examination as may be http:ltwww.dfwstormwal
er.comiModeISW.rtf 
required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof. 8. After the [City Ei
IglnG!!"i has reviewed the evidence, helshe shall either (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The teil)' EPgiIlSe!';j
may modify hislher order as is appropriate based upon the eVidence and arguments presented at the hearing and hisiher action on the petition. Further orders and directives as are necessary
and appropriate may be issued, B. Appeal 1, Any person whose petition for reconsideration by the !City Fngiqeer] has not been granted in its entirety and who remains adversely affected
by the fCil¥.ER!!il'leel 's) order, or who is subject to an order of the (Sily EA!jiAeer] issued following a Show Cause Hearing under Subsection IX.D, may appeal the action of the f€ity
,!!i Igil leerJ to the City Council by filing a written appeal with the City Council within 'SWlt1 􀀨􀁾days of the person's notice of the [6il)' Engiiieer's] adverse action on the petition
for reconsideration, or within 􀁪􀁾􀁾􀁴􀀧􀀠(jJ days of the person's notice of the issuance of the order following the Show Cause Hearing, as the case may be. 2, Failure to submit a timely
written appeal to the City Council shall be deemed to be a waiver of further administrative review. 3, In its written appeal to the City Council, the appealing party shall indicate the
particular provisions of the order objected to, the particular determinations of the 􀀡􀁥􀁩􀁴􀁾􀀠Efl!liAserl that are contested, the reasons that the-ECity ER!'jiReer's] order andlor
determinations are contested, and any alternative order that the appealing party would accept. 4, The effect of the 􀁾􀁪􀀮􀁯􀁲􀁤􀁥􀁲􀀬as issued or modified, shall not be stayed pending
the appeal to the City Council, unless the City Council expressly so states, 5. Within 􀁾􀁾days of the submittal of a written appeal to the City Council, the City Council shall hear
and consider the appeal in open meeting, The appellant shall be notified at least t-t v\ 􀁾days in advance of the date and time of the City Council meeting at which the appeal will be
heard and considered, 6. The appellant shall have the right to public appearance before the City Council to present oral and written statements in support of hislher appeal. [If the
City Council wishes to consider testimony of witnesses or other evidence beyond that in the record of any hearing before the [City !!lIglireefj the City Council may remand the matter
to the [City EfI!jineer] for the taking of additional testimony or other evidence,] 7. Upon consideration of any written and oral statements made to the City CounCil, as well as the
record made before the 􀁛􀁾􀁉􀀬the City Council shall act on the appeal by affirming, vacating, or modifying the order of 􀁴􀁨􀁾􀁝􀀬and/or by remanding the matter to the 􀁛􀁾􀁲further
action. 8. Following final action by the City Council on the appeal, any adversely affected party may challenge such action by the City Council in an appropriate court of competent jurisdiction.
XI. JUDICIAL ENFORCEMENT REMEDIES htlp:llwww.dfwstormwater.comIModeiSW.rtf 
A. Civil Remedies 1. Whenever it appears that a person has violated, or continues to violate, any provision of this Ordinance that relates to: (a) the preservation of public safety,
relating to the materials or methods used in construction of any structure or improvement of real property; (b) the preservation of public health or to the fire safety of a building
or other structure or improvement; (c) the esteblishment of criteria for land subdivision or construction of buildings, including street design; (d) dangerously damaged or deteriorated
structures or improvements; (e) conditions caused by accumUlations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or (f) point
source effluent limitations or the discharge of a pollutant, other than from a non-point source, into the MS4. -the City may invoke Sections 54.011 -54.017 of the Texas Local Government
Code and petition the State district court or the county court at law of 129..11 t\..S County, through the City Attorney, for either the injunctive relief specified in paragraph XI.A.2
or the civil penalties specified in paragraph XI.A.3 below, or both the speCified injunctive relief and civil penalties. 2. Pursuant to Section 54.016 of the Texas Local Government Code,
the City may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that: (a) prohibits any conduct that violates any provision of
this Ordinance that relates to any matter specified in subparagraphs XI.A.1.(a)-(f) above; or (b) compels the specific performance of any action that is necessary for compliance with
any provision of this Ordinance that relates to any matter specified in subparagraphs XI.A.1(a)-(f) above. 􀁾􀀠3. Pursuant to Section 54.017 of the Texas Local Government Code, the l:M!Y
may recover a civil penalty of not more than $1,000 per day for each violation of any provision of this Ordinance that relates to any matter specified in subparagraph XI.A.1(a)-(e) above,
and a civil penalty of not more than $5,000 per day for each violation of any provision of this Ordinance that relates to any matter specified in subparagraph XI.A.1(f) above, if the􀁾􀁶􀁥􀁳that:
(a) the defendant was actually notified of the provisions of the Ordinance; and (b) after the defendant received notice of the Ordinance provisions, the defendant committed acts in violation
of the Ordinance or failed to take action necessary for compliance with the Ordinance. B. Criminal Penalties 1. Any person who has violated any provision of this Ordinance, or any order
issued hereunder, shall be strictly liable for such violation [regardless of the presence or absence of a culpable mental state] and shall, upon conviction, be subject to a fine of not
more than $2000 per violation, per day [. or any greater fine authorized by State statute]. htlp:llwww.dfwstormwater.comJModeISW.rtf 
2. Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained,
pursuant to this Ordinance, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this Ordinance
shall, upon conviction, be subject to a fine of not more than $2000 per violation, per day [, or any greater fine authorized by State statute].] 3. In determining the amount of any fine
imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or
other state of mind of the violator, and any other factor as justice requires. C. Civil Suit Under the Texas Water Code Whenever it appears that a violation or threat of violation any
provision of Section 26.121 of the Texas Water Code, or any rule, permit, or order the 􀁔􀁾􀁸􀁡􀁳Water Commission, has occurred or is occurring within the jurisdiction of the . of Atlll"'"
, exclusive of its extraterritorial jurisdiction, the 􀁾in the same manner as the Texas Water Commission, may have a suit instituted in a state district court through its City Attomey
for the injunctive relief or civil penalties or both authorized in Subsection (a) of Section 26.123 of the Texas Water Code, against the person who committed or is committing or threatening
to commit the violation. This power is exercised pursuant to Section 26.124 of the Texas Water Code. In any suit brought by the"6i!¥ under this Subsection XI.C, the Texas Water Commission
is . a necessary and indispensable party. D. Remedies Nonexclusive The remedies provided for in this Ordinance are not exclusive of any other remedies that the 􀁾􀁡􀁹have under state
or federal law or other"6iijl.ordinances. The 6iI¥. may take any, all, or any combination of these actions against a violator. The Cit)Us empowered to take more than one enforcement
action against any violator. These actions may be taken concurrently. XII. SUPPLEMENTAL ENFORCEMENT ACTION A. Performance Bonds The fGity ERgil'leer] may, by written notice, order any
owner or operator of a source of storm water discharge associated with construction or industrial activity to file a satisfactory bond, payable to the City, in a sum not to exceed a
value determined by the 􀁾􀁲􀁝to be necessary to achieve consistent compliance with this Ordinance, any order issued hereunder, any required Best Management Practice, andlor any SWPPP
provision, and/or to aChieve final stabilization of the site. The City may deny approval of any building permit, grading permit, 'StIildivisiGn plat, site development plan, or any 􀁯􀁴􀁨􀁥􀁲􀁾permit
or approval necessary to commence or continue construction or any industrial activity at the site, or to assume occupancy, until such a performance bond has been filed. B. Liability
Insurance The [Clity Eogineer] may, by written notice, order any owner or operator of a source of storm water discharge associated with construction or industrial activity to submit
proof that it has obtained liability insurance, or other financial assurance, in an amount not to exceed a value http://www.dw.stormwater.com/ModeISW.rtf " \ 
determined by the feit> Ellgilleer], that is sufficient to remediate, restore, and abate any damage to the MS4, the waters of the United States, or any other aspect of the environment
that is caused by the discharge. C. Public Nuisances A violation of any provision of this Ordinance, or any order issued hereunder, is hereby declared a public nuisance and shall be
corrected or abated as directed by the 􀁛􀁾􀀠EA§iReer]. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code [ ] governing such nuisances, including
reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. XIII. MISCELLANEOUS PROVISIONS A. Charges and Fees The City may adopt reasonable fees for
reimbursement of costs of constructing, operating, and maintaining the City's MS4, and for reimbursement of costs of implementing its storm water management program as required by EPA
or the State, and the cost of implementing this Ordinance, which costs may include, but not be limited to, the following: 1. Fees for monitoring, inspection, and surveillance procedures
including the cost of collecting and analyzing discharges and reviewing monitoring reports submitted by dischargers; 2. Fees for spill and release reports and responding to spills and
releases of oil, hazardous and extremely hazardous substances, and other pollutants; and 3. Other fees as the City may deem necessary to carry out the requirements contained in this
Ordinance. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines, and penalties chargeable by the City. B. Severabililv If any
provision of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall remain in full force and effect C. Repeal
Ordinance(s) numbered , as adopted [date(s)], along with any and all amendments thereto, which is [are] incorporated in the __City Code of Ordinances at 􀁾and any other ordinances or
parts of ordinances in in conflict herewith, are hereby repealed. D. Effective Date This Ordinance shall be in full force and effect immediately following its passage, approval, and
publication, as provided by law. http://www.dfwstormwater.comlModeISW.rtf \ \ I,