Sec. 34-702. - Prohibited discharges into the MS4.
Sec. 34-703. - Placing brush cuttings, clippings, and/or rubbish into the MS4.
Sec. 34-704. - Placing household hazardous wastes into the MS4.
Sec. 34-706. - Authority to enforce outside the city limits.
Sec. 34-707. - Authority to enforce within 5,000 feet outside the city limits.
Sec. 34-708. - Criminal penalty.
Sec. 34-710. - Additional enforcement remedies.
Secs. 34-713—34-800. - Reserved.
The following terms shall have the following meanings for the purpose of this division:
(a)
The San Antonio Municipal Separate Storm Sewer System (MS4). The system of conveyances, including but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, creeks, streams, tributaries, man-made channels, or storm drains, which:
(1)
Provide collection or conveyance of stormwater, rain water, flood water, or other surface water; and
(2)
Are located on public property; and
(3)
Are not designed and intended to be part of the collection system of a sanitary sewer system utilized by a publicly owned treatment works (POTW) as defined in Title 40 C.F.R. 122.2.
(b)
Brush cuttings, clippings. All herbaceous materials, including lawn trimmings and leaves.
(c)
Household hazardous waste. Waste from materials utilized for residential or housekeeping purposes containing regulated substances which either singularly or by its interaction with other wastes or by its accumulation in the MS4 becomes injurious or potentially injurious to human, plant, or animal life, or property. For purposes of this division household hazardous wastes include but are not limited to paint, paint thinners, paint solvents, beaches, and drain cleaners.
(d)
Pesticide. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and/or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
(e)
Rubbish. Inorganic solid waste including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, glass, crockery, tin and aluminum cans, metal furniture, and other like materials.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-702. - Prohibited discharges into the MS4.
(a)
It shall be a violation of this division for any person to deposit, throw, drain, discharge, cause or allow to be deposited, thrown, drained or discharged, or otherwise cause to be injected into the MS4, or any storm sewer manhole, catch basin, private drain, ditch, street, gutter, creek, stream, tributary, or any other drainage device which connects with or drains into the MS4, any of the following described materials or substances within the corporate limits of the City of San Antonio:
(1)
Any acid waste materials;
(2)
Any alkaline waste materials;
(3)
Any water or waste containing free-floating, or insoluble oil;
(4)
Any gasoline, naphtha, fuel oil, mineral oil or other flammable or explosive liquid, solid or gas;
(5)
Any noxious, malodorous, poisonous, or reactive substance which, either singularly or by interaction with other substances, or by its accumulation in the MS4 becomes injurious or potentially injurious to human, plant or animal life, or property; or
(6)
Any domestic wastewater or industrial wastewater as defined in Article V, Division 3 of this chapter.
(b)
It shall be a defense to prosecution under this section that such person was authorized to commit any act under a valid permit from the Texas Natural Resource Conservation Commission or the United States Environmental Protection Agency, which would otherwise constitute a violation at the time of commission.
Commentary: It is the intent of this division to prohibit indiscriminate discharging to the MS4; such indiscriminate discharging includes dumping or releasing of any accumulations of process materials, washing or cleaning materials or other wastes into the MS4. It is also the intent to eliminate improper storage or handling of dangerous, hazardous, or otherwise harmful materials in such a manner as to cause or allow their discharge into the MS4. However, these regulations are not intended to prohibit discharge of non-contaminated and non-polluting water, such as fire hydrant flushing, runoff from fire fighting, non-chlorinated swimming pool or hot tub drainage, uncontaminated pumped groundwater, discharges from potable water sources, non-contact cooling waters, ventilation and air conditioning condensation water that POTWs require to be discharged to separate storm sewers rather than to sanitary sewers, etc.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-703. - Placing brush cuttings, clippings, and/or rubbish into the MS4.
(a)
It shall be a violation of this division for any person to deposit, discard or dump, or cause or allow to be deposited, discarded or dumped any brush cuttings, clippings, or rubbish within the MS4.
(b)
It shall be a violation of this division for any person to place or cause or allow to be placed or dropped, brush cuttings, clippings, and/or rubbish within any street in the corporate limits of the city in such a manner that the same may be washed by the flow of water into the MS4.
Commentary: It is the intent of this section to restrict placement of rubbish, brush, lawn clippings or leaves, etc. into the MS4. It is also the intent to require that during certain seasons when leaves are shed that these materials are removed properly and prevented from collecting in mass quantities in the streets or MS4. It is recognized that from time to time during certain seasons or during normal yard maintenance, leaves, clippings, etc. will fall into the streets.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-704. - Placing household hazardous wastes into the MS4.
(a)
It shall be a violation of this division for any person to place, or cause or allow to be placed, a household hazardous waste within the MS4.
(b)
It shall be a violation of this division for any person to place, or cause or allow to be placed, a household hazardous waste within any street in the corporate limits of the city in such a manner that the same may be washed by the flow of water into the MS4.
Commentary: The intent of this ordinance is to prohibit those conducting household activities such as cleaning, renovating, painting, auto repair, and other similar activities which utilize household hazardous wastes from discarding such wastes into the MS4, or from performing any activity that would result in the contamination of the MS4 with such household hazardous wastes.
(Ord. No. 80574, § 16, 8-4-94)
(a)
It shall be a violation of this division for any person to cause or allow a pesticide to enter into the MS4.
(b)
It shall be a violation of this division for any person to utilize a pesticide in a manner inconsistent with the proper usage set out in the labelling for such pesticide in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
(c)
It shall be a violation of this division for any person to utilize a pesticide which is not properly labelled in accordance with FIFRA.
(d)
It shall be a defense to prosecution under this section that the person accused of such violation utilized a pesticide in accordance with the requirements of FIFRA in a manner consistent with its labelling. The term "labelling" pursuant to Section 136 of FIFRA means all labels and all other written, printed or graphic matter:
(1)
Accompanying the pesticide or device at any time; or
(2)
To which reference is made on the label or in literature accompanying the pesticide or device except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health and Human Services, state experiment stations, state agricultural colleges, and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
Commentary: It is recognized that excess pesticides will migrate into the MS4 even under normal and proper usage. It is the intent of this ordinance to restrict the usage of those chemicals to the manner deemed appropriate by their manufacturer and consistent with FIFRA.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-706. - Authority to enforce outside the city limits.
(a)
Pursuant to the authority granted under Section 401.002 V.T.C.A. Local Government Code, a prohibited act or discharge identified in sections 34-702 through 34-705 hereof shall be enforceable outside the city limits if the prohibited act or discharge:
(1)
Causes or contributes to the pollution of a stream, drain or tributary which provides a source of recharge water for the Edwards Aquifer; or
(2)
Causes harm to, pollutes, or is in any way contrary to the protection of any watershed which drains into the MS4.
(b)
It shall be a defense to prosecution under this section that a person was authorized to commit the prohibited discharges set out in section 34-702 herein, under a valid permit from the Texas Natural Resource Conservation Commission or the United States Environmental Protection Agency.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-707. - Authority to enforce within 5,000 feet outside the city limits.
(a)
Committing a prohibited act or discharge, as set out in sections 34-702 through 34-705 herein, within five thousand (5,000) feet outside the corporate limits of the City of San Antonio is found to be contrary to the public health and welfare and is hereby deemed and declared to be a nuisance pursuant to Section 217.042 of the Local Government Code.
(b)
It shall be a defense to prosecution under this section that a person was authorized to commit the prohibited discharges set out in sections 34-702 through 34-705 herein under a valid permit from the Texas Natural Resource Conservation Commission or the United States Environmental Protection Agency.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-708. - Criminal penalty.
(a)
A conviction for violation of this division shall constitute a class C misdemeanor. A person convicted of a violation of this division shall be fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. Each violation of a particular section of this division shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this division. A culpable mental state is not required to prove an offense under this ordinance.
(b)
The president/CEO of SAWS is hereby authorized to designate qualified SAWS personnel to serve notices of violations of this section and to take all necessary actions to file a complaint with the municipal prosecutor's office.
(Ord. No. 80574, § 16, 8-4-94)
A civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation of this division may be imposed. Each violation of a particular section of this division shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of enforcing this division.
(Ord. No. 80574, § 16, 8-4-94)
Sec. 34-710. - Additional enforcement remedies.
(a)
In addition to any other remedies provided by this division, the City of San Antonio and SAWS may, at any time, seek legal and/or equitable remedies or may file charges against any person, corporation, or other entity believed to be in violation of this division. In furtherance thereof, the SAWS legal department is hereby authorized and instructed to commence any action, in law or in equity, including the filing of charges for the purpose of enforcing this division.
(b)
The use of negotiated civil settlements or other methods of alternative dispute resolution to reach a civil settlement is hereby authorized; provided that the civil penalty imposed by any such agreement or settlement is of a sufficient amount in relation to the violations to which they provide a sanction.
(Ord. No. 80574, § 16, 8-4-94)
No provision of this division is intended to, nor shall any part or portion hereof be construed, so as to conflict with the Texas Water Code.
(Ord. No. 80574, § 16, 8-4-94)
If any provision of this division or the application thereof to any person or circumstance shall be held to be void or invalid for any reason, the remainder of this division and the application of such provision to other persons and circumstances shall nevertheless be valid, and the city council hereby declares that this division would have been enacted without such invalid provision.
(Ord. No. 80574, § 16, 8-4-94)