This Chapter may be known and cited as the "City of Sugar Land Stormwater Quality Management and Discharge Control Ordinance."

(Ord. No. 1788, § 1, 8-3-10)

The purpose of this Chapter is to ensure the health, safety, and general welfare of the City's citizens and to protect and enhance the water quality of watercourses and water bodies in the City pursuant to and consistent with the City's TPDES General Permit issued by the TCEQ. The objectives of this Chapter include:

1.

Establishing methods to prevent and reduce the introduction of pollutants into the municipal separate storm sewer system;

2.

Prohibiting illicit connections and discharges to the municipal separate storm sewer system;

3.

Facilitating compliance with federal and State laws, rules and regulations by owners and operators of construction sites and commercial and industrial facilities within the City; and

4.

Establishing legal authority to carry out inspections, surveillance, monitoring, and enforcement necessary to ensure compliance with this Article.

(Ord. No. 1788, § 1, 8-3-10)

This Chapter applies to all water generated on any premises within the City that enters the municipal separate storm sewer system, waters in the State, or waters of the United States. Illicit connections made prior to the enactment of this Chapter that were permissible under law or practices applicable to or prevailing at the time of connection are subject to this Chapter.

(Ord. No. 1788, § 1, 8-3-10)

The City Manager or his designee will administer, implement, and enforce the provisions of this Chapter.

(Ord. No. 1788, § 1, 8-3-10)

This Chapter will be interpreted in a manner consistent with the requirements of the Clean Water Act, the Texas Water Code, the NPDES and the TPDES.

(Ord. No. 1788, § 1, 8-3-10)

This Chapter establishes minimum standards regarding stormwater quality management and discharge control and does not imply that a person's compliance with this Chapter will ensure that there is no contamination, pollution, or unauthorized discharge of pollutants into the municipal separate storm sewer system, waters in the State, or waters of the United States. The City, its officers and employees are not liable for any damages that result from a person's reliance on this Chapter or any administrative decision made under this Chapter.

(Ord. No. 1788, § 1, 8-3-10)

The terms used in this Chapter have the following meanings:

Best Management Practices means activities, practices, and procedures to prevent or reduce the discharge of pollutants directly or indirectly into the municipal storm sewer system, waters in the State, and waters of the United States. Best management practices include:

1.

Public education;

2.

Treatment facilities to remove pollutants from stormwater;

3.

Operating and maintenance procedures;

4.

Facility management practices to control:

a.

Waste containment and disposal;

b.

Spillage or leaks of non-stormwater;

c.

Drainage from materials storage; and

d.

Stormwater runoff;

5.

Erosion and sediment control practices for any land disturbing or construction activities; and

6.

Prohibition of specific activities, practices, and procedures identified in this Article and the federal and State laws, rules and regulations.

City means the City of Sugar Land, Texas.

Clean Water Act means the Federal Water Pollution Control Act codified at 33 U.S.C. 1251, et seq., as amended.

Commercial Activity means any public or private activity involved in the storage, transportation, distribution, exchange or sale of goods and/or commodities or providing professional and/or non-professional services.

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 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.

Construction Activity means a construction project resulting in land disturbance, which includes clearing, grubbing, grading, excavating, and demolition.

Department means the department designated by the City Manager to administer this Chapter.

Detention Pond means a privately or publicly-owned structure constructed to temporarily detain stormwater runoff.

Director means the person designated by the City Manager to administer this Chapter.

Discharge means, when used without a qualifier, the discharge of stormwater runoff or certain non-stormwater discharges as allowed under the authorization of the City's most current TPDES Permit issued by the TCEQ.

EPA means the United States Environmental Protection Agency or its successor agency.

Erosion means the wearing away of ground surface by mass wasting or the movement of wind, water and/or ice.

Hazardous Materials means any material, substance, waste, or combination thereof, that because of its 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 managed.

Hearing Officer means the City Manager or person designated by the City Manager to hear an appeal under this Article.

Illicit Connection means any manmade conveyance connecting an illicit discharge directly to a municipal separate storm sewer system.

Illicit Discharge means any non-stormwater discharge to a municipal separate storm sewer system, except discharges pursuant to a NPDES Permit, TPDES Permit, or separate authorization, or discharges resulting from emergency fire-fighting activities. Examples of an illicit discharge include:

1.

Water run-off from the cleaning of gas stations, vehicle service garages, or other types of vehicle service facilities;

2.

Water, cleansers, or solvents from commercial or industrial cleaning of vehicles, machinery or equipment, and other such commercial and industrial activities;

3.

Water from the washing or rinsing of vehicles containing soap, detergents, solvents, or other cleaners from commercial establishments;

4.

Water from the washing or rinsing of vehicles, with or without soap, from auto body repair shops;

5.

Water from the cleaning or rinsing of vehicle engine, undercarriage, or auto parts cleaning;

6.

Vehicle fluids;

7.

Mat wash and hood cleaning water from food service facilities;

8.

Food and kitchen cleaning water from food service facilities;

9.

Leakage from dumpsters or trash containers;

10.

Water from the cleaning or rinsing of garbage dumpster areas and areas where garbage is stored or contained;

11.

Water containing detergents or cleaning chemicals from pressure washing, steam cleaning, and hand scrubbing of sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps, building exteriors, walls, driveways, and other outdoor surfaces;

12.

Wastewater or cleaning fluids from carpet cleaning;

13.

Super-chlorinated (>5ppm) swimming pool and spa water;

14.

Wash out from concrete trucks;

15.

Runoff from areas where hazardous substances, including diesel fuel, gasoline and motor oil are stored;

16.

Super-chlorinated water normally associated with the disinfection of potable water systems;

17.

Construction debris, such as, but not limited to, paint, dirt, wash water, concrete rinses;

18.

Raw sewage or other forms of pollutants from recreational activities including boating and camping, and from recreational vehicles and boats; and

19.

Discharges that violate an NPDES Permit, TPDES Permit or other EPA, TCEQ or City authorization.

Impervious Surface means a surface that does not allow the absorption of water or fluids; examples include paved streets, gravel or paved areas such as driveways, parking areas, packed earth material, oiled macadam or other treated surfaces; walkways, roof surfaces, patios, and formal planters.

Industrial Activity means manufacturing, processing, material storage, and waste material disposal areas (and similar areas where stormwater can contact industrial pollutants related to the industrial activity) at an industrial facility described by the TPDES Multi Sector General Permit, TXR050000, or by another TCEQ or TPDES permit. Activities subject to TPDES or NPDES Industrial Permits are as defined in 40 CFR § 122.26 (b)(14), as amended.

Land Disturbance or Disturb Land means clearing, grubbing, grading, excavating, demolishing, or any other form of disturbing land that consists of:

1.

1 or more acre of land; or

2.

Less than 1 acre of land that is part of a larger common plan of development or sale that will result in disturbance of 1 or more acres.

Municipal Separate Storm Sewer System means the facilities owned or operated by the City or located within the City limits by which stormwater is collected and/or conveyed, including any roads with drainage systems, municipal streets, gutters, curbs, parking lots, driveways, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, waterways, and other drainage structures.

New Development means any of the following activities:

1.

Structural development, including structure of a new building or other structure;

2.

Expansion or alteration of an existing structure that results in an increase of the footprint of the building or structure;

3.

Activities that result in land disturbance;

4.

Creation or expansion of impervious surface(s);

5.

Demolition; and

6.

Subdivision of land as defined in the City's subdivision requirements.

NPDES means the National Pollutant Discharge Elimination System, the federal program for issuing, modifying, revoking, reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the Clean Water Act. The term includes an "approved program."

NPDES Permits means the NPDES stormwater discharge permits, which are the general, group, and individual stormwater discharge permits that regulate facilities subject to the NPDES.

Non-Stormwater Discharge means any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater.

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. The masculine gender includes the feminine, and the singular includes the plural where indicated by the context.

Pollutant means anything that causes or contributes to pollution. Examples of pollutants include:

1.

Paints, varnishes, and solvents; oil and other automotive fluids;

2.

Non-hazardous liquid and solid wastes and yard wastes;

3.

Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution;

4.

Wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinses);

5.

Floatables;

6.

Pesticides, herbicides, and fertilizers;

7.

Hazardous substances and wastes;

8.

Raw sewage, fecal coliform and pathogens;

9.

Animal wastes;

10.

Dissolved and particulate metals; and

11.

Noxious or offensive matter of any kind.

Pollution means 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 public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful purpose.

Post Construction BMPs are addressed in Section 9.0 of the Sugar Land Design Standards.

Premises means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

Redevelopment means:

1.

The replacement or alteration of an existing structure or building that results in an increase in the building footprint of the structure or building; or

2.

Replacement, upgrade, maintenance, or alteration of an impervious surface that results in expansion of the impervious surface.

Solid Waste means garbage, rubbish, refuse, or other solid waste materials generated from commercial or residential properties, other than hazardous materials.

State means the State of Texas.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of precipitation and resulting from such precipitation.

Stormwater Management Facility means a facility or device to capture or prevent pollution in stormwater runoff. Stormwater management control facilities may include, but are not limited to: wet ponds, bio-retention facilities, infiltration basins, stormwater wetlands, silt fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary or permanent sediment basins.

Stormwater Pollution Prevention Plan means a document required by a TPDES general permit for stormwater discharges associated with industrial activity, commercial activity or construction activity that describes the:

1.

Best management practices to be implemented by a person or business to identify sources of pollution or contamination at a site; and

2.

Actions to eliminate or reduce pollutant discharges to stormwater, stormwater sewer systems, and/or receiving waters to the maximum extent practicable.

TCEQ means the Texas Commission on Environmental Quality or its successor agency.

TPDES means the Texas Pollutant Discharge Elimination System, a program patterned after the federal NPDES stormwater program.

Watercourse means a natural or manmade channel in which a flow of water occurs, either continuously or intermittently.

Waters in the State means groundwater, percolating or otherwise, 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 means 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 nonnavigable, 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, regulation, or permit, and which are created for the purpose of waste treatment are not considered to be water in the State.

Waters of the United States has the meaning as defined in 40 CFR Part 122, Section 122.2.

(Ord. No. 1788, § 1, 8-3-10; Ord. No. 2037, § 1, 12-1-15)

A.

It is unlawful for a person to discharge or cause to be discharged into the municipal separate storm sewer system, waters in the State, or waters of the United States an illicit discharge.

(Ord. No. 1788, § 1, 8-3-10)

A.

It is unlawful for a person to construct, use, maintain or continue the existence of an illicit connection.

B.

Connections to the municipal separate storm sewer system that were permissible when originally installed, but are considered illicit connections under this Chapter, must comply with this Chapter within 60 days of the date of the City's written notice to the person.

(Ord. No. 1788, § 1, 8-3-10)

A.

It is unlawful for a person to discharge non-stormwater into or reconnect the person's facilities to the municipal separate storm sewer system after the City has notified the person that that the discharge or connection is suspended under this Chapter.

B.

It is an affirmative defense to prosecution under this Section that the City authorized the person in writing to reconnect its facilities to the municipal separate storm sewer system.

(Ord. No. 1788, § 1, 8-3-10)

A.

It is unlawful for a person to throw, deposit, maintain, store, spill, or keep solid waste in or upon any part of the municipal separate storm sewer system, waters in the State, or waters of the United States.

B.

It is an affirmative defense to prosecution under this Section that the solid waste was deposited in a solid waste container for collection under Chapter 3, Article IX of the Sugar Land Code of Ordinances.

(Ord. No. 1788, § 1, 8-3-10)

It is unlawful for a person to allow, authorize or begin a construction activity or to disturb land without first obtaining a land disturbance permit from the City.

(Ord. No. 1788, § 1, 8-3-10)

It is unlawful for a person to allow, authorize, or begin new development or redevelopment without having post-construction stormwater management BMPs that will prevent pollutants from entering into the municipal separate storm sewer system.

(Ord. No. 1788, § 1, 8-3-10)

A person subject to the NPDES or TPDES requirements must:

A.

Comply with all provisions of the NPDES Permit or TPDES Permit issued to the person;

B.

Comply with this Chapter, and all federal, State and local laws;

C.

Allow the City to review a copy of the person's most current stormwater pollution prevention plan with an application for City approval of any of the following: a site plan, infrastructure construction plan(s), development or improvement plan(s), or building permit; and

D.

Allow the City to review the person's most current stormwater pollution prevention plan when the City inspects the person's facility.

(Ord. No. 1788, § 1, 8-3-10; Ord. No. 2037, § 2, 12-1-15)

A person not subject to the NPDES or TPDES requirements must:

A.

At its sole expense, if engaged in activities or operations, or owning facilities or property, that will or may cause pollutants to enter into the municipal separate storm sewer system, waters in the State, or waters of the United States, develop and implement best management practices that conform to the City's guidelines for best management practices adopted as Section 9.0 of the City of Sugar Land Design Standards.

B.

A person that owns or develops land as new development or redevelopment must:

1.

Comply with the City's stormwater pollution prevention measures adopted as part of the City of Sugar Land Design Standards; and

2.

Submit to the City a copy of the person's most current stormwater pollution prevention measures with an application for City approval of a site plan, development or improvement plan, infrastructure construction plan(s), or building permit.

(Ord. No. 1788, § 1, 8-3-10; Ord. No. 2037, § 2, 12-1-15)

A.

At its sole expense, the owner or operator of a facility engaged in commercial activity or industrial activity will install facilities and equipment necessary to prevent accidental discharge of hazardous substances, pollutants, and other solid waste into the municipal separate storm sewer system, waters in the State, or waters of the United States.

B.

As soon as a person has information of any known or suspected release of a pollutant or hazardous material that results in or could result in a discharge to the municipal separate storm sewer system, waters in the State, or waters of the United States, that person must:

1.

For hazardous materials, immediately notify emergency response officials of the release or suspected release via emergency dispatch services (911); and

2.

For non-hazardous pollutants, immediately notify the department in person or by phone. The notification must be confirmed by written notice addressed and mailed to the department within 3 business days of the telephone or in-person notice.

C.

If the discharge of a pollutant or hazardous material is released as a result of a commercial activity or industrial activity, the owner or operator of the commercial or industrial establishment must:

1.

Take all necessary steps to ensure the discovery, containment, cleanup, and remediation of the release; and

2.

Prepare a written record of the discharge and the actions taken to prevent its recurrence, submit the record(s) to the department within 7 working days of the occurrence, and retain the records on-site at the person's facility for at least 3 years.

(Ord. No. 1788, § 1, 8-3-10; Ord. No. 2037, § 4, 12-1-15)

Every owner or lessee of property through which a watercourse passes must:

A.

Keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse;

B.

Maintain existing privately-owned structures within or adjacent to a watercourse in a manner that will not become a hazard to the use, function, or physical integrity of the watercourse;

C.

Not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove the vegetation in a manner that increases the vulnerability of the watercourse to erosion; and

D.

Maintain and stabilize that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating from or contributed by the property.

(Ord. No. 1788, § 1, 8-3-10)

Upon written notice from the City, any person engaged in any activity, or owning or operating any facility, that may cause or contribute to stormwater pollution or illicit discharges to the municipal separate storm sewer system, waters in the State, or waters of the U.S., must monitor and analyze the activity or facility at that person's sole expense for the duration stated in the notice. The person must furnish a written report to the City within 3 days of completion of the monitoring and analysis period.

(Ord. No. 1788, § 1, 8-3-10)

City officers and employees may enter a person's premises at all reasonable times to inspect the premises to determine compliance with or to enforce the provisions of this Article. During an inspection, the City may copy records, take samples, and perform or require the person to perform any testing deemed necessary to determine compliance with this Chapter.

(Ord. No. 1788, § 1, 8-3-10)

A.

For new development and redevelopment of sites that discharge into the City's municipal separate storm sewer system and disturb 1 acre or more, or that disturb less than 1 acre that are part of a larger common plan of development or sale, stormwater discharges must be controlled as required by the City's small MS4 general permit issued by the TCEQ. Stormwater discharges will be controlled through different structural or non-structural best management practices designed, installed, and implemented by owners and operators of new development and redeveloped sites. The owner or operator of any new development or redevelopment of a site is required to develop and implement a maintenance plan, as required by the City's TPDES Permit. The maintenance plan must address post-construction maintenance requirements for any structural control measures or best management practices installed on site.

B.

The owner or operator of any new development or redevelopment of a site must perform adequate maintenance to ensure the proper intended operation of the stormwater management facility in accordance with its design as set forth when the facility was built or most recently modified. All post-construction structural control measures must be maintained by the owner or operator of a new development or redevelopment of a site under the maintenance plan. The owner or operator of the new development or redevelopment of the site must acknowledge that the maintenance plan has been or will be developed when applying for a City Land Disturbance Permit. The maintenance plan must be submitted to and approved by the City on or before the date that:

1.

The City issues a certificate of occupancy if a certificate of occupancy is required as part of the development or redevelopment of the site; or

2.

Substantial completion of the new development or redevelopment of the site if no certificate of occupancy is required as part of the development or redevelopment of the site.

The maintenance plan must be filed and recorded in the real property records of Fort Bend County.

C.

Maintenance requirements include, but are not limited to:

1.

Structural integrity protection to include sealing existing cracks in concrete; repairing eroded inlet channels and outlet pipes; replacing or repairing rip-rap at inlet channels or emergency spillways; replacing pipes, inlets and headwalls; repairing holes, depressions, and/or cracks; repairing leaking and/or damaged concrete spillways; repairing leaking and/or damaged riser/barrel; and

2.

Repair and replacement of pumps, electrical systems, and all appurtenances;

3.

Bank erosion repair;

4.

Vegetation management to include removing trees and woody vegetation from spillways, earthen dams or retaining walls; re-seeding and repairing bare areas or gullies; mowing and regularly maintaining vegetation; and

5.

Removal of trash and debris to include removing obstructions from spillways and outlet pipes; and clearing debris from intake or outfall areas, pond areas, and spillway trash racks;

6.

Sediment removal to restore intended capacity and function of the stormwater management facility;

7.

Replacement and/or unclogging filter of gravel around spillway risers; and

8.

Repairing any seepage, leaking, and/or piping of earthen dams or retaining walls.

D.

The operational and maintenance activities that are performed must be documented and retained on site (e.g., at the office of the owner or operator) and made available for review by the City or other regulatory agencies when requested, along with a copy of the City's Land Disturbance Permit, and a copy of the Fort Bend County recordation number.

(Ord. No. 2037, § 6, 12-1-15)

A.

At a minimum, the stormwater management facility must be inspected annually to evaluate the primary function of the stormwater management facility and to ensure that all post-construction stormwater control measures are operating correctly and are being maintained consistent with the maintenance plan.

B.

Persons responsible for the operation and maintenance of a stormwater management facility must make records of the installation and of all maintenance and repairs. Records of the inspection, maintenance and repairs must be completed, signed by the responsible person, and retained for a minimum of 5 years, for review upon City request. As-built plans of the stormwater management facility must be retained for the duration of the existence of the stormwater management facility. Copies of the as-built plans and records of all self-inspections, maintenance, and repairs shall be kept on-site and shall be made available to the City during inspection of the stormwater management facility and at other reasonable times upon City's request.

C.

Person(s) responsible for the operation and maintenance of a stormwater management facility must inspect and evaluate the following, if present, at each stormwater management facility:

1.

Dams, berms, levees;

2.

Spillways;

3.

Inlets;

4.

Pipes, culverts, and appurtenances;

5.

Outlets;

6.

Bank erosion;

7.

Sedimentation;

8.

Vegetation;

9.

Trash and debris;

10.

Water quality impairments; and

11.

Any other stormwater management facility.

D.

Deficiencies identified in the inspection must be noted in the inspection report and recommended corrective actions must be documented and maintained with the report.

E.

Deficiencies must be addressed within 90 days from the date identified unless additional time is approved by the Director. The person responsible for the inspection must document the resolution of each deficiency identified in the inspection report.

F.

The first inspection report and inspection reports every 5 years afterwards shall be submitted and sealed by a licensed professional engineer in the State of Texas. Inspections by the professional engineer are not required to be extended beyond visual field observations and review of as-built plans unless deficiencies are identified that, in the opinion of the professional engineer or Director indicate the need for a more detailed investigation.

G.

The first inspection report shall be submitted to the City upon completion of construction of the stormwater management facility, along with the as-built plans. Subsequently, inspection reports shall be submitted annually by January 31 for the preceding calendar year inspection or 180 calendar days from the adoption of this Article, whichever is later. Additional inspection reports may be required by the City in the event of a natural disaster or after a large storm event, upon the Director's request to evaluate the structural integrity and function of the stormwater management facility.

(Ord. No. 2037, § 7, 12-1-15)

Before construction activity begins on land described below, the person owning, developing, or disturbing the land must obtain a land disturbance permit from the City:

A.

1 acre or more of land; and

B.

Less than 1 acre of land that is part of a larger common plan of development or sale that will result in disturbance of 1 or more acres.

(Ord. No. 1788, § 1, 8-3-10)

A.

A completed application for a land disturbance permit must be submitted to the City Engineer's Office on a City form. The application will require a stormwater pollution prevention plan (if the person is subject to a TPDES Permit or NPDES Permit), a plan showing the person's best management practices for pollution and erosion control (if the person is not subject to a TPDES Permit or NPDES Permit), and other information, including plans, that the Director or his/her designee determines is reasonably necessary to administer this Chapter and to protect the public, public property, waters in the State, and waters of the United States.

B.

The land disturbance permit will be issued if the application complies with the provisions of this Chapter. The permit must contain the name, address, and telephone number of the person performing the work, the location of the work, and any other information designated by the Director or his/her designee. The permit may contain special conditions that the Director or his/her designee determines are necessary to ensure compliance with this Chapter or to protect the public, the municipal storm sewer system, or public property. It is unlawful for any person doing work under a land disturbance permit to violate any special condition or other provision of the land disturbance permit.

C.

The permit holder must keep the permit posted at a visible place at the work site and make it available for inspection upon the request of any City employee.

D.

A land disturbance permit issued under this Chapter is valid for the time period specified by the Director or his/her designee, based on the estimated time to complete the work. Upon the written request of the permit holder, the Director or his/her designee may grant additional time to complete the work under the land disturbance permit.

(Ord. No. 1788, § 1, 8-3-10; Ord. No. 2037, § 8, 12-1-15)

A.

If a person violates a provision of this Chapter, the Director or his/her designee may issue a written stop work order directing that any work or activity authorized to be done under a land disturbance permit cease until the violation is corrected. Upon receiving a stop work order, the permit holder must immediately cause all work authorized under the land disturbance permit to stop, but may take steps necessary to secure the site. It is unlawful for any person to continue to work under a land disturbance permit after receiving a stop work order or receiving notice that a stop work order has been issued or to resume the work or activity until the Director or his/her designee withdraws the stop work order.

B.

The Director or his/her designee may revoke a land disturbance permit for a violation of this Chapter. To revoke a land disturbance permit the Director or his/her designee will send or deliver written notice of a violation to the permit holder ordering the violation to be corrected within a specified time. If the permit holder fails to correct the violation as directed, the Director or his/her designee may revoke the permit by giving notice to the permit holder in writing.

C.

The permit holder may appeal the denial or revocation of a land disturbance permit, the interpretation or application of a requirement of this Chapter, the issuance of a stop work order or notice of violation, or other requirement or action imposed under this Chapter by the Director or his/her designee. The appeal must be submitted in writing to the City Manager within 3 business days of the action being appealed. The City Manager or his/her designee will review the facts and issue a written determination within 3 business days of receipt of the appeal.

D.

The revocation and appeal provisions in this Section govern over any other conflicting provision in this Code or the Sugar Land Code of Ordinances.

(Ord. No. 1788, § 1, 8-3-10; Ord. No. 2037, § 9, 12-1-15)

In addition to the penalties set forth in this Chapter, if the City determines that a person has violated a provision of this Article or an EPA or TCEQ regulation relating to stormwater quality or discharges, the City may order compliance within a specified time by sending a written notice of violation to the violator. The notice may require the person, at the person's sole expense, to:

1.

Suspend site operations, illicit discharges, illicit connections, or unlawful practices until the person complies with the law;

2.

Abate, contain, clean up or remediate the stormwater pollution or hazardous substance;

3.

Restore the affected property;

4.

Perform monitoring, analyses, and reporting for a specific duration of time;

5.

Implement source control or treatment best management practices;

6.

Pay to the City the City's administrative costs in obtaining compliance; and

7.

Perform alternative compensatory actions, including storm drain marking, attendance at compliance workshops, creek cleanup, and sponsorship of a public education campaign.

(Ord. No. 1788, § 1, 8-3-10)

A.

A person receiving a notice of violation may appeal in writing to the City Manager or his designee within 5 working days from the date of the notice of violation. The appeal must be filed using the form provided for that purpose, along with any required filing fee, a copy of the person's most current pollution prevention plan (if subject to NPDES or TPDES requirements), a copy of the person's most current BMPs (if not subject to the NPDES or TPDES requirements), and any other required documents.

B.

The Hearing Officer will hold an informal hearing as soon as is reasonably possible, but not more than 5 business days after the date the appeal is properly filed. The City, the person appealing, and any interested person may present evidence and argument to the Hearing Officer to the extent the Hearing Officer believes the same are relevant to the appeal. An audio recording of the hearing will be made.

C.

After completion of the hearing, the Hearing Officer will render a written decision on the appeal that includes a summary of the evidence that supports the decision. The Hearing Officer may issue appropriate orders to implement any decision made. A copy of the written decision will be provided to the person filing the appeal.

(Ord. No. 1788, § 1, 8-3-10)

If a violation is not corrected as required by this Chapter, City officers, employees, and agents may enter upon the private property and take any and all measures necessary to abate the violation and/or restore the property. The violator must reimburse the City's expenses for abating the violation and restoring the property.

(Ord. No. 1788, § 1, 8-3-10)

If a person has violated or continues to violate the provisions of this Chapter, the City may file a petition for an injunction restraining the person from violating this Chapter.

(Ord. No. 1788, § 1, 8-3-10)

When in this Chapter an act or commission is prohibited or is declared to be unlawful, an offense or a misdemeanor, the violation is punishable by a fine not exceeding $2,000.00. Each day any violation continues constitutes a separate offense.

(Ord. No. 1788, § 1, 8-3-10)