§ 55.02. DEFINITIONS.

APPLICANT means a property owner or agent of a property owner who has filed a storm water management plan.

BEST MANAGEMENT PRACTICES (BMP) means all generally accepted methods and techniques to prevent or reduce discharge of pollutants, including schedules of activities, prohibitions of practices, maintenance procedures, structural controls, local ordinances, and other management practices. BMPs also include treatment requirements, operating procedures and practices to control runoff, spill or leaks, waste disposal, or drainage from raw material storage.

BUFFER means a natural or vegetated area through which storm water runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants.

CITY means the City of Kirby, Texas or the city council of Kirby, Texas.

CITY MANAGER means the person appointed to the position of City Manager by the City Council of the City of Kirby, Texas or his/her duly authorized representative.

COMMENCEMENT OF CONSTRUCTION means the initial disturbance of soils associated with clearing, demolition, grading, excavating, filling, stockpiling, erection of forms, or any other construction-related activity. The term "commencement of construction" is also referred to as "start of construction."

COMMON PLAN OF DEVELOPMENT means a construction activity that is completed in separate stages, separate phases, or in combination with other construction activities. A common plan of development (also known as a "common plan of development or sale") is identified by the documentation for the construction project that identifies the scope of the project, and may include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning requests, or other similar documentation and activities. A common plan of development does not necessarily include all construction projects within the jurisdiction of the city. Construction of roads or buildings in different parts of the jurisdiction would be considered separate "common plans," with only the interconnected parts of a project being considered part of a "common plan" (e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways, a building complex, etc.). Where discrete construction projects occur within a larger common plan of development or sale but are located one-quarter of a mile or more apart, and the area between the projects is not being disturbed, each individual project can be treated as a separate plan of development or sale, provided that any interconnecting road, pipeline or utility project that is part of the same common plan is not included in the area to be disturbed.

CONVEYANCE means curbs, gutters, manmade channels and ditches, drains, pipes, and other constructed features designed or used for drainage, flood control, or the transport of storm water runoff.

DEVELOPMENT means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any change in use, or alteration or extension of the use, of land.

DISCHARGE means the drainage, release, or disposal of storm water and other surface runoff from locations of soil-disturbing activities (e.g., clearing, grading, excavating, stockpiling, and demolishing), construction materials, equipment storage or maintenance operations (e.g., fill piles, borrow areas, and fueling). The term "discharge" also includes the drainage, release, or disposal of industrial storm water directly related to the construction process.

DISTURBANCE means any activity, including, but not limited to, excavation, clearing, and grading, which disturbs the natural or improved vegetative ground cover or topography of the land by any person, entity and applicable city projects. Land disturbing activity does not include any vegetative cutting and mulching. All installations and maintenance of franchise utilities such as telephone, gas, electric, etc., shall be considered land disturbing activities.

DRAINAGE EASEMENT means a legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.

DROUGHT means a period of dry weather, usually lengthy, that is injurious to crops, as determined by city officials in accordance with established standards.

ENVIRONMENTALLY SENSITIVE AREAS mean the areas designated by the City Manager that need special protection because of the landscape, wetland, riparian, wildlife, or historical value.

EROSION CONTROL means a structure or measure that limits erosion.

FACILITY or ACTIVITY means a construction site or construction support activity that is regulated under TCEQ TPDES General Permit Number TXR150000 relating to storm water discharges associated with construction activities, including all contiguous land and fixtures (e.g., ponds and materials stockpiles), structures, or appurtenances used at a construction site or industrial site described by this Chapter and/or the TCEQ general construction permit.

FINAL STABILIZATION means:

(1)

The status of a construction site when all soil disturbing activities at the site have been completed and the disturbed soil has been covered with:

(a)

A uniform (i.e., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70 percent;

(b)

Permanent structures such as buildings; and/or

(c)

Permanent stabilization measures such as pavement, riprap, or gabions.

(2)

For individual lots in a residential construction site, final stabilization may be achieved only by the homebuilder completing final stabilization as specified in subsection (1) of this definition.

(3)

For construction activities on land used for agricultural purposes (e.g., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use.

(4)

For construction activities on land that was not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use, final stabilization can be achieved only by meeting the conditions of subsection (1) of this definition.

(5)

For the event of drought, final stabilization can be achieved only when all soil disturbing activities at the site have been completed and both of the following criteria have been met:

(a)

Temporary erosion control measures (e.g., degradable rolled erosion control mats) are selected, designed, and installed with an appropriate seed base to provide erosion control for at least 3 years without active maintenance by the operator; and

(b)

The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within 3 years.

GENERAL PERMIT means TPDES General Permit No. TXR150000 for the discharge of wastes which provides a means for construction sites and other sources of soil disturbance to lawfully discharge storm water to surface water in the state in compliance with section 402 of the Clean Water Act and chapter 26 of the Texas Water Code. The provisions of the general permit are promulgated and enforced by the TCEQ.

GRADING means shaping, excavating or filling of clay, sand, rock and/or other types of soil material.

HYPERCHLORINATION OF WATERLINES means the treatment of potable water lines or tanks with chlorine for disinfection purposes, typically following repair or partial replacement of the waterline or tank, and subsequently flushing the contents.

IMPERVIOUS COVER means those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

LARGER COMMON PLAN OF DEVELOPMENT OR SALE means any contiguous area where multiple separate and distinct construction or land disturbing activities will occur under 1 plan. A plan is any announcement or piece of documentation (including, but not limited to, public notice or hearing, drawing, permit application, zoning request, or site design) or physical demarcation (including, but not limited to, boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.

LARGE CONSTRUCTION ACTIVITY means construction activities including clearing, grading, and excavating that result in land disturbance measuring 5 acres of land or more. The term "large construction activity" also includes the disturbance of less than 5 acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb areas measuring 5 acres of land or more. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing rights-of-way, and similar maintenance activities).

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) means a separate storm sewer system owned or operated by the United States, a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, storm water, and/or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, that discharges to surface water in the state.

NEW DEVELOPMENT means any development that converts any land from an unimproved to an improved state.

NON-POINT SOURCE (NPS) POLLUTION means forms of pollution caused by sediment, nutrients, organic and toxic substances originating from land use activities and carried to lakes and streams by surface runoff.

NON-STRUCTURAL BMP means preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas.

NOTICE OF CHANGE (NOC) means written notification to the executive director of the TCEQ which is also to be copied to the city manager, city building official, or city engineer from a discharger authorized under TPDES general permit TXR150000, providing changes to information that was previously provided to the agency in a notice of intent form.

NOTICE OF INTENT (NOI) means a written submission to the executive director of the TCEQ which is also to be copied to the city manager, city building official, city engineer, or his designee from an applicant requesting coverage under TPDES general permit TXR150000.

NOTICE OF TERMINATION (NOT) means a written submission to the executive director of the TCEQ which is also to be copied to the city manager, city building official, city engineer, or his designee from a discharger authorized under a TPDES general permit TXR150000 requesting termination of coverage.

OPERATOR means the person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below:

(1)

Primary operator means the person or persons associated with a large or small construction activity that meets either of the following 2 criteria:

(a)

The person or persons have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

(b)

The person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a storm water pollution prevention plan (SWP3) for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions).

(2)

Secondary operator. The person whose operational control is limited to the employment of other operators or to the ability to approve or disapprove changes to plans and specifications. A secondary operator is also defined as a primary operator and must comply with the permit requirements for primary operators if there are no other operators at the construction site.

OUTFALL means a point source where storm water runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting 2 municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same stream or other water of the United States and are used to convey waters of the United States.

OWNER means the legal or beneficial owner of land, including, but not limited to, a fee owner, mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. A secured lender not in possession of the property does not constitute and owner, unless the secured lender is included within the meaning of "owner" under another description in this definition.

PERIMETER CONTROL means a barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.

PERMIT means a site development permit issued by the City of Kirby, Texas for construction or the alteration of ground.

PERMITTEE means an operator authorized under this Code to commence construction that involves disturbing the soil. The authorization may be gained by applying for a building permit and submitting a NOI.

PERSON(S) means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or the legal representatives, agents, or assigns thereof.

PHASING means clearing a parcel of land in separate, distinct steps, with the stabilization of each phase completed before the clearing of the next.

POINT SOURCE (from 40 CFR § 122.2) means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, 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 sediment, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water, irrigation runoff, or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland.

POLLUTION (from V.T.C.A., Water Code § 26.001(14)) means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any surface water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

PCSWQ means Post-Construction Storm Water Quality.

REDEVELOPMENT means any construction, alteration or improvement where existing land is altered of previously developed land.

RESPONSIBLE PARTY means any person or legal entity, individual or corporate, including an owner, operator, contractor, or subcontractor, any or all of whom may be engaged in, consent to, or actually perform a construction project or construction activity.

REVIEW FEE means the cost charged to the applicant for the review of an application submittal, including a proposed SWP3. This fee will initially be $200.00 plus $100.00 per acre or portion of an acre of proposed disturbed area (e.g., the review fee for the proposed disturbance of 1 acre or less would be: $200.00+$100.00=$300.00; for a 2-acre disturbance: $200.00+$200.00=$400.00; for a 2½-acre disturbance: $200.00+$300.00=$500.00; etc.). This fee may be increased or decreased by amendment to this chapter.

SEDIMENT CONTROL means a structure or measure that prevents eroded sediment from leaving the site.

SEPARATE STORM SEWER SYSTEM (S4) means a conveyance or system of conveyances (including roads with drainage systems, streets, catchbasins, curbs, gutters, ditches, manmade channels, or storm drains), designed or used for collecting or conveying storm water; that is not a combined sewer, and that is not part of a publicly owned treatment works (POTW).

SITE means a parcel of land or a contiguous combination thereof, where construction and/or grading work is performed as a single unified operation.

SITE DEVELOPMENT means any construction project that involves the disturbing of soil.

SMALL CONSTRUCTION ACTIVITY means construction activities, including clearing, grading, and excavating, that result in land disturbance measuring 1 acre or more and less than 5 acres. The term "small construction activity" also includes the disturbance of less than 1 acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb areas of land measuring 1 acre or more and less than 5 acres. The term "small construction activity" does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the site (e.g., the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of existing rights-of-way, and similar maintenance activities).

STABILIZATION means practices and measures that prevent exposed soil from eroding.

START OF CONSTRUCTION. See COMMENCEMENT OF CONSTRUCTION.

STATE means the State of Texas.

STORM WATER, STORM WATER RUNOFF, OR RUNOFF means surface runoff and drainage.

STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY means storm water runoff from a construction site where soil disturbance is of a size large enough to be regulated by this Chapter.

STORM WATER CONTROL GUIDELINES FOR CONSTRUCTION SITES means a manual containing all approved methods and design criteria for drainage and storm water control.

STORM WATER MANAGEMENT means the use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.

STORM WATER POLLUTION PREVENTION PLAN (SWP3 or SW3P) means a set of plans prepared by or under the direction of a licensed professional engineer proposing specific best management practices, including erosion controls, sediment controls, and sequencing schedules for limiting the amount of sediment that is discharged to drainage easements, public rights-of-way, the storm drain system, waterways, and watercourses. Separate plans may be required to address conditions during and after construction.

STRUCTURAL BMP means any storage practices such as wet ponds and extended-detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches.

STRUCTURAL CONTROL OR PRACTICE means a pollution prevention practice that requires the construction of a device, or the use of a device, to capture or to limit pollution in storm water runoff. Structural controls and practices may include, but are not limited to silt fences, earthen dikes, drainage swales, sediment traps, check dams, subsurface drains, storm drain inlet protection, outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.

SURFACE WATER IN THE STATE means lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from the mean high-water mark (MHWM) out 10.36 miles into the Gulf), 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 watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the state.

TCEQ means the Texas Commission on Environmental Quality.

TEMPORARY STABILIZATION means a condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporary seeding, geotextiles, mulches, and other techniques to reduce or eliminate erosion until permanent stabilization can be achieved or until further construction activities take place.

TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM means a program to issue authorizations to discharge pollutants into waters of the state if certain conditions are met.

WATERCOURSE means any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the city on its storm water map.

WATERS OF THE UNITED STATES (from 40 CFR, Part 122, § 2). Waters of the United States or waters of the U.S. means:

(1)

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;

(2)

All interstate waters, including interstate wetlands;

(3)

All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds that the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters:

(a)

Which are or could be used by interstate or foreign travelers for recreational or other purposes;

(b)

From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

(c)

Which are used or could be used for industrial purposes by industries in interstate commerce;

(4)

All impoundments of waters otherwise defined as waters of the United States under this definition;

(5)

Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) the territorial sea; and

(6)

Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (1) through (6) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the impoundment of waters of the United States. Waters of the United States do not include prior converted cropland.

Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with the Environmental Protection Agency.

WATERWAY means a channel that directs surface runoff to a watercourse or to the public storm drain.

( Ord. No. 800 , § 2, 12-8-2016)

Editor's note

Ord. No. 800 , § 2, adopted Dec. 8, 2016, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 2012-720, passed 3-8-2012.