Title
Approving an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY OF PFLUGERVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF PFLUGERVILLE, TEXAS BY ADDING SUBCHAPTER 158, STORM WATER POLLUTION CONTROL ORDINANCE; REGULATING THE DISCHARGE OF POLLUTANTS INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR CONVEYANCES; ESTABLISHING A FINE OF NO MORE THAN $2,000 FOR ANY VIOLATION OF THE ORDINANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (CA1110-01)
Summary
As an operator of a Municipal Separate Storm Sewer System (MS4), the City of Pflugerville is obligated to comply with the National Pollutant Discharge Elimination System Phase II program that was enacted by the Environmental Protection Agency (EPA) in 1999. As part of the permitting process, the City was required to develop a Storm Water Management Program (SWMP) in order to protect local water quality from non-point source pollution associated with the storm sewer system as well as construction and industrial activities. Within the SWMP, Best Management Practices (BMP) were established to address six minimum control measures established by the EPA. One of the BMPs outlined in the SWMP requires a Storm Water Pollution Control Ordinance.
As proposed, the Storm Water Pollution Control Ordinance includes a section on Illicit Discharge Prevention and Construction Site Storm Water Management. The illicit discharge section is intended to define prohibitions and provide the City with authority to protect against illicit discharges. The construction site section reinforces requirements for storm water pollution protection plans currently required by TCEQ for construction activity and enables the City to have review of these plans and address additional controls if deemed necessary.
The draft ordinance presented to the City Council in October also included sections devoted to Storm water Discharges Associated with Industrial Activity and Post Construction Storm Water Management, both of which have been removed from the ordinance per recommendation of the City Attorney. The industrial activity section included items that are currently regulated by TCEQ and are not part of the City's original permit. This section may be added to the ordinance in the future if deemed necessary by TCEQ. The post construction section will be addressed through updates to the Engineering Design Standards.
Prior City Council Action
In 2008, the City Council adopted a Storm Water Management Plan which identified Best Management Practices including the adoption of a Storm Water Pollution Control Ordinance. On October 11, 2011 a draft version of the ordinance was presented to City Council. On November 22, 2011 the City Council conducted a public hearing and approved first reading of the ordinance.
Deadline for City Council Action
The Storm Water Pollution Control Ordinance will need to be adopted by December 2011 to maintain compliance with the MS4 permit. Implementation of the ordinance is anticipated for February 2012.
Fiscal Impact
The fiscal year 2012 budget includes a new position titled Stormwater Coordinator within the Engineering Department in the total amount of $60,478. The Engineering Department Other Professional Fees category includes $50,000 for Phase II MS4.
Planning and Zoning Commission Recommendation
On November 7, 2011 the Planning and Zoning Commission held a public hearing and recommended approval to add Chapter 158, Stormwater Pollution Control Ordinance to the City of Pflugerville Code of Ordinances that includes revisions as provided by the City Attorney.
Drafter
Trey Fletcher, AICP
Assistant City Manager