Title
Approving an ordinance on second reading with the caption reading: An ordinance amending and updating the City of Pflugerville Code of Ordinances, Title XV. Land Usage Chapter 158, Stormwater Pollution Control Ordinance; providing cumulative, repealer and severability clauses; providing for open meeting and establishing an effective date.
Summary
The City's Stormwater Pollution Control Ordinance, which dictates what stormwater controls must be in place for construction activities, was last updated in 2011. The current adopted ordinance has significant discrepancies with both current Best Management Practices (BMPs) and regulatory definitions. As the ordinance was adopted shortly after the Texas Commission on Environmental Quality (TCEQ) made modifications to management of stormwater runoff, it was very limited on the scope and ability for the City to enforce on construction activities that may be causing degradation to the City's natural waterways. After a thorough review of the existing ordinance and the updates needed to comply with the City's 5-year update to our Municipal Separate Storm Sewer System (MS4) permit, City staff worked to update the existing ordinance to comply with current TCEQ rules and update to match the current BMPs for MS4 permits for municipalities.
The 2025 update to the City's Stormwater Pollution Control Ordinance includes significant changes:
• Language is more precise, modernized, and legally robust.
• Updated legal references (e.g., to 40 CFR, TPDES, and Clean Water Act sections).
• Future updates to permits (e.g., TXR150000) to automatically take precedence.
• Clarifies the legal authority for inspection and enforcement.
• Requires affirmative defenses for discharge exemptions.
• Adds a detailed spill notification protocol, including emergency vs. non-emergency and follow-up reporting requirements.
Content is organized into articles:
• Article I - General Provisions
• Article II - Illicit Discharge Prevention
• Article III - Construction Site Stormwater Management
• (NEW) Article IV - Post-Construction Site Stormwater Management For Development or Redevelopment
• (NEW) Article V - Inspection and Enforcement Measures
Updates to Authority and Administration:
• 2025 Update centralizes authority under the City Manager or their designee and introduces the role of a Code Enforcement Administrator (CEA).
o The 2011 Ordinance assigns enforcement responsibilities to the City Engineer and department directors.
Intent and Purpose have been expanded:
• New section (§158.03) explicitly outlines the objectives of Chapter 158
o References all applicable Texas Pollutant Discharge Elimination System (TPDES) permits (TXR15000, TXR050000, TXR04000) and compliance with state/federal standards.
• The 2011 Ordinance intent is embedded in the "Whereas" clauses.
Updates to Terminology and Definitions:
• Refines and expands existing definitions.
• Introduces new terms relevant to TPDES permitting and modern regulatory compliance.
• Removes outdated terms (like “Certified Stormwater Inspector”) and replaces broad descriptions with specific legal language.
Updates to Illicit Discharge and Enforcement
• 2025 Update includes a detailed list of prohibited discharges, referencing additional federal and state legal standards.
• Adds non-exempt discharges clause: prohibits discharges even if exempt if they are found to pollute and includes a 15-day notice clause.
• Strengthens provisions for spill response and framework for compliance, such as requiring detailed reporting and cleanup documentation within 14 days.
• Introduces a broader responsibility and reimbursement section for responsible parties to compensate the City following an illicit discharge (spill). 158.23
Addition of Post-Construction Site Monitoring:
• 2025 Update includes long term protection measures by explicitly detailing compliance requirements for permanent storm water controls (ex. Privately owned detention ponds).
• Oversight of permanent storm water control is a requirement of the City’s MS4 permit.
Prior City Council Action
City Council approved the ordinance on first reading on June 10, 2025.
Deadline for City Council Action
June 24, 2025
Funding Expected: Revenue __ Expenditure __ N/A _X_
Budgeted Item: Yes __ No __ N/A _X_
Amount: N/A
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: _5/3/2025___
Supporting documents attached:
Ordinance
Recommended Action
Approve the ordinance on second reading.