HomeMy WebLinkAboutOrdinance 20246-06-2012ORDINANCE NO. 20246 -06 -2012
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, APPROVING RESOLUTION
NO. 2011 -11 -327 OF THE DALLAS -FORT WORTH
INTERNATIONAL AIRPORT BOARD WHICH AMENDS THE
CODE OF RULES AND REGULATIONS OF THE DALLAS -
FORT WORTH INTERNATIONAL AIRPORT BOARD, AS
AMENDED, BY ADDING CHAPTER 6A STORM WATER
RULES AND REGULATIONS; PROVIDING FOR A PENALTY
NOT TO EXCEED TWO THOUSAND DOLLARS PER DAY
FOR ANY VIOLATION THEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the
CITY OF DALLAS, TEXAS and the CITY OF FORT WORTH, TEXAS, provides that the Dallas-
Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and
enforce rules and regulations for the orderly, safe, efficient, and sanitary operation of the airport and
to prescribe reasonable penalties for the breach of any rule or regulation not to exceed the maximum
fines authorized by state law; and
WHEREAS, state law currently authorizes fines of up to $500 for all violations of the
airport's rules and regulations, except for those violations relating to fire safety, public health and
sanitation, or the dumping of refuse, for which the maximum fine is $2,000, and except when another
fine is fixed by state law; and
WHEREAS, Sections 22.082 of the Texas Transportation Code, as amended, and Section
8.17. of the 1968 Contract and Agreement, as amended, provide that such rules, regulations and orders
by the Dallas -Fort Worth International Airport Board will become effective only upon approval of
the governing bodies of the Cities of Dallas and Fort Worth and proper publication; and
Ordinance No. 20246 -06 -2012
Page 1 of 4
WHEREAS, on November 3, 2011, the Dallas -Fort Worth International Airport Board
passed, approved, and ordered Resolution No. 2011 -11 -327 which approved amendment of The Code
of Rules and Regulations of the Dallas -Fort Worth International Airport Board to add Chapter 6A
STORM WATER RULES AND REGULATIONS; and
WHEREAS, in accordance with Section 3 of Chapter 9 of The Code of Rules and
Regulations of the Dallas -Fort Worth International Airport Board, as amended, the Dallas -Fort
Worth International Airport Board has requested that the City Councils of the cities of Dallas and
Fort Worth approve its Resolution No. 2011 -11 -327 in order that it may become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH:
SECTION 1.
That all of the declarations and findings contained in the preambles of this ordinance are
made a part hereof and shall be fully effective as a part of the ordained subject matter of this
ordinance.
SECTION 2.
That Resolution No. 2011 -11 -327 of the Dallas -Fort Worth International Airport Board, a
duly certified copy of which is attached hereto as Exhibit "A" and made a part of this ordinance by
reference, is hereby approved.
Ordinance No. 20246 -06 -2012
Page 2 of 4
SECTION 3.
That after publication of a substantive statement relating to the contents of Resolution No.
2011 -11 -327 of the Dallas -Fort Worth International Airport Board in a newspaper of general
circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of
Resolution No. 2011 -11 -327 will subject the violator to a penalty and stating that the full text of
Resolution No. 2011 -11 -327 and any attachments to it are on file in the principal office of the Dallas-
Fort Worth International Airport Board to be read by any interested party, Resolution No. 2011 -11 -
327 shall thereafter have the same force and effect within the boundaries of the Dallas -Fort Worth
International Airport as an ordinance by the City Council of the City of Fort Worth would have in the
City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties
prescribed by other ordinances of the City of Fort Worth are enforced.
SECTION 4.
That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and
Resolution No. 2011 -11 -327 are severable, and if any phrase, clause, sentence, paragraph, or section
shall be declared unconstitutional or invalid by the valid judgment or decree of any court of
competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution No. 2011 -11 -
327, since the same would have been enacted without the incorporation of any unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance or Resolution No.
2011 -11 -327 shall be fined not more than Five Hundred Dollars ($500.00) or more than Two
Thousand Dollars ($2000.00) for each offense relating to fire safety, public health and sanitation, or
Ordinance No. 20246 -06 -2012
Page 3 of 4
the dumping of refuse. Each day that a violation is permitted to exist shall constitute a separate
offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of any other ordinances affecting The Code of Rules and Regulations
of the Dallas -Fort Worth International Airport Board which have accrued at the time of the effective
date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two days in the official newspaper of
the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013
SECTION 8.
That this ordinance will take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so
ordained.
APPROVED AS TO FORM;
Assistant City Attorney
Adopted: June 12, 2012
Effective:
Ordinance Nu. 20246 -06 -2012
Page 4 uf4
TT
DALLAS /FORT WORTH INTERNATIONAL AIRPORT
3200 EAST AIRFIELD DRIVE, P.O. BOX 619428
DFW AIRPORT, TEXAS 75261 -9428
www.dfwairport.com
T 972 973 8888 F 972 973 5751
November 8, 2011
STATE OF TEXAS §
COUNTY OF DALLAS §
COUNTY OF TARRANT §
I, Donna J. Schnell, Board Secretary of the Dallas -Fort Worth International Airport
Board, do hereby certify that the attached is a true and correct copy of
Resolution No. 2011 -11 -327, approved by the Dallas -Fort Worth International
Airport Board of Directors at its Board Meeting held on November 3, 2011.
WITNESS MY HAND AND SEAL OF THE DALLAS -FORT WORTH INTERNATIONAL
AIRPORT BOARD, this the 8`h of November 2011.
Donna J. Schnell
Board Secretary
DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD
OFFICIAL BOARD ACTION /RESOLUTION
Date Committee Subject Resolution #
11/03/2011 Operations Amendment to Code of Rules and Regulations of the 2011 -11 -327
Dallas /Fort Worth International Airport Board
Action
That the Airport Board approve an amendment to add Chapter 6A of the Code of Rules and Regulations of
the Dallas /Fort Worth International Airport Board.
Description
• This action will approve the attached amendment to add Chapter 6A Storm Water, to the Code of
Rules and Regulation of the Dallas /Fort Worth International Airport Board. Chapter 6A will serve as
the primary regulatory mechanism to address prohibited discharges, best management practices,
spill response, and enforcement remedies.
Justification
• DFW Airport is subject to the Texas Commission on Environmental Quality's (TCEQ) small Municipal
Separate Storm Sewer System (MS4) regulations and is required to maintain a Texas Pollutant
Discharge Elimination System ( TPDES) TXR040000 permit. DFW Airport Board's TPDES permit
requires a storm water program designed to reduce discharge of pollutants to receiving waters to the
Maximum Extent Practicable (MEP). DFW Airport's TPDES Permit must be renewed in August, 2012.
The TCEQ requires the establishment of a regulatory mechanism to define environmental standards,
prohibit illicit discharges, and establish enforcement procedures for violators. Addition of Chapter 6A
to DFW Airport's Code of Rules and Regulations will meet this regulatory requirement.
D /M/WBE Information
• N/A
Schedule/Term
N/A
Contract # Agreement # Purchase Order # Action Amount Revised Amount
n/a n/a n/a $0 $0
For Information contact I Fund
Dan Bergman I n/a
3 -5563
Project # External Funding Source
n/a n/a
Amount
$0
Resolution # 2011 -11 -327
These requested amendments to your Board's Code of Rules and Regulations will also need to be approved by the Dallas and Fort
Worth City Councils. This OBA seeks your Board's authorization to amend Chapter 6 of the Code of Rules and Regulation, and to
forward the amended Code of Rules and Regulations to the Cities of Dallas and Ft. Worth for approval.
Additional Attachments: Y
BE IT RESOLVED BY THE DALLAS -FORT WORTH INTERNATIONAL AIRPORT BOARD
That the Airport Board approves an amendment to add Chapter 6A to the Code of Rules and Regulations
and that the Chief Executive Officer, or Designee be and hereby is directed to forward the attached
amended Code of Rules and Regulations of the Dallas /Fort Worth International Airport Board to the Cities of
Dallas and Fort Worth with a request that their respective Councils take action to approve same.
Approved as to Form by
Rodriguez, Elaine
General Counsel
Oct 25, 2011 5:01 pm
Approved as to Funding by
WX4 Pam
Palacios, Abel
AVP Business Financial Ping
Finance
Oct 25, 2011 4:56 pm
SIGNATURE REQUIRED FOR APPROVAL
Approved by
Department Head
Environmental Affairs
Oct 25, 2011 2:14 pm
Approved as to M/WBE by
Cruz - Sewell, Suzanne
AVID Business Diversity & Dev
Business Diversity and
Development
Oct 25, 2011 2:16 pm
71-a �
Nov 8, 2011 9:29 am
Chief Executive Officer
Date
CHAPTER 6A
STORM WATER RULES AND REGULATIONS
ARTICLE I.
GENERAL PROVISIONS.
Sec. 6A -1. Purpose and Policy.
Sec. 6A -2. Authority for Implementation and Enforcement.
Sec. 6A -3. Abbreviations.
Sec. 6A -4. Definitions.
Sec. 6A -5. Incorporation of Federal and State Statues, Rules, and Regulations.
ARTICLE II.
PROHIBITED DISCHARGES.
Sec. 6A -6. Prohibited Discharges to the MS4.
ARTICLE III.
SPILL RESPONSE AND NOTIFICATION
Sec. 6A -7. Spill Response.
Sec. 6A -8. Spill Notification.
ARTICLE IV.
REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE THE DISCHARGE OF STORM WATER
POLLUTANTS.
Sec. 6A -9. Adoption and Implementation of Good Housekeeping and Best Management Practices
Sec. 6A -10. Airport Regulated Activities
ARTICLE V.
STORM WATER ASSOCIATED WITH INDUSTRIAL AND CONSTRUCTION ACTIVITIES.
Sec. 6A -11. Industrial.
Sec. 6A -12. Construction.
Sec. 6A -13. Duty to Comply.
ARTICLE VI.
COMPLIANCE MONITORING.
Sec. 6A -14. Right of Entry: Inspection and Sampling.
Sec. 6A -15. Search Warrants.
ARTICLE VIII.
JUDICIAL ENFORCEMENT REMEDIES.
Sec. 6A -24. Injunctive Relief.
Sec. 6A -25. Civil Penalties.
Sec. 6A -26. Criminal Prosecution.
Sec. 6A -27. Fees and Charges.
ARTICLE IX.
FEES AND CHARGES.
ARTICLE VII.
ADMINISTRATIVE ENFORCEMENT REMEDIES.
Sec. 6A -16.
Notice of Violation.
Sec. 6A -17.
Consent Order.
Sec. 6A -18.
Show Cause Hearing.
Sec. 6A -19.
Compliance Order.
Sec. 6A -20.
Cease and Desist Order.
Sec. 6A -21.
Stop Work Orders.
Sec. 6A -22.
Administrative Fines.
Sec. 6A -23.
Authority to Remove /Impound Vehicles and Revoke Vehicle AOA Permits.
ARTICLE VIII.
JUDICIAL ENFORCEMENT REMEDIES.
Sec. 6A -24. Injunctive Relief.
Sec. 6A -25. Civil Penalties.
Sec. 6A -26. Criminal Prosecution.
Sec. 6A -27. Fees and Charges.
ARTICLE IX.
FEES AND CHARGES.
ARTICLE I.
GENERAL PROVISIONS.
SEC. 6A -1. PURPOSE AND POLICY.
(A) These Rules and Regulations set forth uniform requirements and methods to control the
introduction of pollutants into the DFW Airport municipal separate storm sewer system
(MS4) in order to comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) and Texas Pollutant Discharge Elimination System (TPDES)
permits.
(B) The objectives of these Rules and Regulations are:
(1) To prevent or reduce the introduction of pollutants into the DFW Airport MS4
and receiving waters
(2) To prohibit illicit connections and prohibited discharges into the DFW Airport
MS4
(3) To establish the legal authority to carry out all inspections, surveillance, and any
monitoring procedures necessary to ensure compliance with this Chapter; and
(4) To provide for fees for the equitable distribution of the costs of implementing,
administering and enforcing this Chapter.
(C) These Rules and Regulations shall apply within the boundaries of the Airport.
SEC. 6A -2. AUTHORITY FOR IMPLEMENTATION AND ENFORCEMENT.
(A) The Executive Director and the Executive Director's designated representative shall
have the authority to administer, implement, and enforce the provisions of these Rules
and Regulations. The Vice President of the Board's Department of Environmental
Affairs, or the Vice President or head of any other or successor Board department
charged with primary responsibility for environmental management and enforcement at
the Airport or any Vice President or department head so appointed by the Executive
Director, or the designated representatives(s) of said department head(s), shall also
have the authority to administer, implement, and enforce the provisions of this
3
Chapter. The Executive Director and the Vice President of the Board's Department of
Environmental Affairs are authorized to make inspections pursuant to this Chapter and
to take enforcement action against non - compliant persons or Users, including the
issuance of citations for violations as described in this Chapter, and may do so
personally or through any duly authorized representative(s).
(B) Any powers granted to or duties imposed upon the Executive Director or the Vice
President of the Board's Department of Environmental Affairs may be delegated by the
Executive Director or the Vice President of the Board's Department of Environmental
Affairs to other Board personnel.
(C) The Executive Director and the Vice President of the Airport Board's Environmental
Affairs Department shall have the authority to promulgate written orders and
administrative procedures which are not in conflict with this Chapter and determined to
be necessary for the proper administration and enforcement of this Chapter, including
but not limited to administrative orders issued for the purpose of bringing a violator back
into compliance.
(D) Upon specific request of the Executive Director or his designated representatives(s)
under this Chapter, police officers of the Airport Board's Department of Public Safety
may assist the Executive Director in the enforcement of this Chapter. A Department of
Public Safety police officer who observes a violation of this Chapter or who observes an
illicit discharge may take any necessary or appropriate enforcement action.
(E) When an Executive Director determines that a violation of this Chapter or of any permit
or order issued hereunder or of any related regulatory standard or requirement has
occurred or is occurring, the following remedies are available. The remedies provided for
in this Section or elsewhere in this Chapter are not exclusive. However, the Executive
Director may take other action against any person or User when the circumstances
warrant. The Executive Director may take any, all, or any combination of these actions
against a non - compliant person or User, consecutively or concurrently:
(1) Issuance of one or more verbal and /or written warnings;
(2) Issuance of one or more citations;
(3) Issuance of a notice of violation;
(4) Execution of a consent order;
(5) Issuance of a compliance order;
(6) A show cause hearing;
4
(7) A cease and desist order;
(8) A stop work order;
(9) Permit suspension or revocation proceedings, if applicable
(10) Suspension and /or termination of water utility service or access to the DFW
Airport MS4;
(11) Issuance of administrative fines;
(12) Request the Board's legal counsel to institute suit for civil remedies as provided
by this Chapter or state or federal law; or
(13) Any other remedy provided in this Chapter or allowed by law.
SEC. 6A -3. ABBREVIATIONS.
The following abbreviations, when used in these Rules and Regulations, shall have the designated
meanings:
• BMP Best Management Practice
• CFR Code of Federal Regulations
• ECP Erosion Control Plan
• EPA U.S. Environmental Protection Agency
• EAD Environmental Affairs Department of the Airport
• GHP Good Housekeeping Practices
• gpd gallons per day
• IDLH Immediate Danger to Life and Health
• MCM Minimum Control Measure
• MEP Maximum Extent Practicable
• mg /I milligrams per liter
5
• MS4 Municipal Separate Storm Sewer System
• NOI Notice of Intent
• NOC Notice of Change
• NOT Notice of Termination
• NOV Notice of Violation
• NPDES National Pollutant Discharge Elimination System
• POTW Publicly Owned Treatment Works
• P3 Pollution Prevention Plan
• SIC Standard Industrial Classification
• SWP3 Storm Water Pollution Prevention Plan
• TCEQ Texas Commission on Environmental Quality
• TPDES Texas Pollutant Discharge Elimination System
• USC United States Code
SEC. 6A-4. DEFINITIONS.
Unless a provision explicitly states otherwise, the following terms and phrases, whether capitalized or not
and in each grammatical variation, as used in this Chapter and any permit or order issued pursuant to this
Chapter, shall have the meanings designated in this Section 6A -4.
ACT or THE ACT means the Federal Water Pollution Control Act or Federal Water Pollution Control Act
Amendments of 1972, Pub.L. 92 -500, as amended Pub. L. 95 -217, Pub. L. 95 -576, Pub. L. 96 -483 and Pub.
L. 97 -117, 33 U.S.C. 1251 et.seq.
AIRPORT means all the land, improvements, facilities and developments within the boundaries of the
Dallas /Fort Worth International Airport.
AIRPORT BOARD means the Dallas /Fort Worth International Airport Board, the duly constituted
governing body of the Airport.
BEST MANAGEMENT PRACTICES LBMPs:) means the schedules of activities, prohibitions of practices,
maintenance procedures, structural controls, local ordinances, and other management practices to
prevent or reduce the discharge of pollutants. BMPs also include treatment requirements, operating
procedures, and practices to control runoff, spills or leaks, waste disposal, or drainage from raw material
storage areas.
CFR means the Code of Federal Regulations, as periodically amended.
CONSTRUCTION SITE OPERATOR means the person or persons associated with a construction project
that meets either of the following two criteria:
(A) the person or persons that have operational control over construction plans and
specifications (including approval of revisions) to the extent necessary to meet the
requirements and conditions of this general permit; or
(B) the person or persons that 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 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 Storm Water Pollution Prevention
Plan or comply with other permit conditions).
CONVEYANCE means the curbs, gutters, man -made channels and ditches, drains, pipes, and other
constructed features designed or used for flood control or to otherwise transport storm water runoff.
DISCHARGE when used without qualification includes discharge of a pollutant(s).
DISCHARGE OF A POLLUTANT means any addition of any pollutant to navigable waters from any point
source, i.e., any discernible, confined and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, or container, from which pollutants are or may be discharged but
excluding agricultural storm water discharges and return flows from irrigated agriculture.
EXECUTIVE DIRECTOR means the Executive Director or Chief Executive Officer of the Dallas -Fort Worth
International Airport Board, or, where applicable, his designated representative(s), as provided in Section
7
6A -2.
FACILITY means any building, structure, installation, equipment, vehicle, vessel, process, activity, or other
property, real or personal, from which there is or may be a discharge of a pollutant.
FINAL STABILIZATION means a construction site where either of the following conditions are met:
(A) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly
distributed, without large bare areas) perennial vegetative cover with a density of 70% of
the native vegetative cover for the area has been established on all unpaved areas and
areas not covered by permanent structures, or equivalent permanent stabilization
measures (such as the use of riprap, gabions, or geotextiles) have been employed.
(B) 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. Areas disturbed that were not previously
used for agricultural activities, such as buffer strips immediately adjacent to a surface
water and areas which are not being returned to their preconstruction agricultural use
must meet the final stabilization conditions of condition (a) above.
GOOD HOUSEKEEPING PRACTICES means measures taken by persons on a daily basis during the
course of normal work day activities to reduce exposure of pollutants to storm water runoff.
ILLICIT CONNECTION means any man -made conveyance connecting an illicit discharge directly to the
Airport's separate storm sewer system.
INDUSTRIAL ACTIVITIES means manufacturing, processing, material storage, and waste material disposal
areas (and similar areas where storm water 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.
MAXIMUM EXTENT PRACTICABLE C_MEP.D means the technology -based discharge standard for
municipal separate storm sewer systems to reduce pollutants in storm water discharges that was
established by CWA Section 402(p). A discussion of MEP as it applies to small MS4s is found at 40 CFR
Section 122.34.
MUNICIPAL SEPARATE STORM SEWER SYSTEM ( "MS4 "), refers to system of conveyances and facilities
(including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man -made channels, or storm drains) owned or operated by the Airport Board and are designed or used
for collecting or conveying storm water; and that are not designed or used to collect or convey
wastewater.
NOTICE OF CHANGE means the Notice of Change application form that is required by the TPDES
Construction General Permit, the TPDES Multi- Sector General Permit, or other General Permit for the
discharge of storm water providing changes to information that was previously provided to TCEQ in a
Notice of Intent form or No Exposure Certification.
NOTICE OF INTENT means the Notice of Intent application form that is required by the TPDES
Construction General Permit, the TPDES Multi- Sector General Permit, or other General Permit for the
discharge of storm water.
NOTICE OF TERMINATION means the Notice of Termination application form that is required by the
TPDES Construction General Permit, the TPDES Multi- Sector General Permit, or other General Permit for
the discharge of storm water to terminate permit coverage.
PERSON means any individual, partnership (including two or more persons having a joint or common
economic interest), co- partnership, firm, company, corporation, association, joint stock company, trust,
estate, governmental entity, political subdivision, or any other legal entity; or the legal representative(s),
agent(s), or assign(s) of any such entity. This definition includes all federal, state and local governmental
entities, unless the context requires otherwise.
POINT SOURCE (from 40 CFR Section 122.22) means any discernible, confined, and discrete conveyance,
including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, landfill leachate collection system, 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.
POLLUTANTs include biochemical oxygen demand (BOD), sediment or a parameter that addresses
sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any
pollutant that has been identified as a cause of impairment of any water body that will receive a discharge
from an MS4.
OPERATOR refers to the party or parties that either individually or taken together meet the following two
criteria: 1) have operational control over the site specifications (including the ability to make modification
in specifications): and 2) have the day to -day operational control of those activities at the site necessary to
FA
ensure compliance with pollution prevention requirements and any permit conditions.
ORDER means a verbal or written directive, including, without limitation, a directive issued under Section
4 -1 of this Chapter, issued by an Executive Director in the administration or enforcement of these Rules
and Regulations.
SITE means the land or water area where any facility is physically located or conducted including adjacent
land used in connection with the facility.
STANDARD INDUSTRIAL CLASSIFICATION LSIC�) CODE means a sector of industry grouped based on
similar activity as outlined in the TPDES Multi- Sector General Permit No. TXR050000.
STORM WATER AND STORM WATER RUNOFF means rainfall runoff, snow melt runoff, and surface
runoff and drainage.
STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITY means storm water runoff from an area
where there is either a large construction activity or a small construction activity.
STORM WATER MANAGEMENT PROGRAM LSWMP�) refers to a comprehensive program to manage
the quality of discharges from the municipal separate storm sewer system.
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 prevent pollution in storm water runoff.
Structural controls and practices may include but are not limited to: wet ponds, bioretention, infiltration
basins, storm water 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.
THIS CHAPTER means this Chapter bA, entitled "Storm Water Rules and Regulations," of the Code of
Rules and Regulations of the Dallas -Fort Worth International Airport Board, as amended from time to
time, as approved by ordinances of the cities of Dallas and Fort Worth.
WASTEWATER means any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
IN
WATERS OF THE UNITED STATES (from 40 CFR122.2) refers to waters of the United States or waters of
the U.S. means:
(A) 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;
(B) all interstate waters, including interstate wetlands;
(C) all other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, 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:
(1) which are or could be used by interstate or foreign travelers for recreational or
other purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
(3) which are used or could be used for industrial purposes by industries in interstate
commerce;
(D) all impoundments of waters otherwise defined as waters of the United States under this
definition;
(E) tributaries of waters identified in paragraphs (a) through (d) of this definition;
(F) the territorial sea; and
(G) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) through M of this definition.
SEC. 6A -5. INCORPORATION OF FEDERAL AND STATE STATUTES, RULES, AND REGULATIONS.
A reference within this Chapter of the Dallas /Fort Worth International Airport Code of Rules and
Regulations to a federal or state statute, rule, or regulation includes all amendments to such statute, rule,
or regulation made after the effective date of this Chapter. Any discharge limits, monitoring
requirements, amendments to allowable and non - allowable discharges, and other applicable regulations
promulgated by the EPA or the TCEQ, including all future amendments of same, are hereby incorporated
into this Chapter.
12
S EC. 6A-6.
(A)
a
ARTICLE II.
PROHIBITED DISCHARGES.
PROHIBITED DISCHARGES TO THE MS4.
A person commits an offense if he discharges or causes to be discharged any water that
is not composed entirely of storm water into the storm water drainage system of DFW
Airport, waters of the United States, or state water.
It is a defense to any enforcement action for violation of Subsection (A) that a discharge
of water not entirely composed of storm water resulted or occurred exclusively from one
or more of the following sources, activities, or events:
(1) Water line flushing
(2) Runoff or return flow from landscape /lawn irrigation, and other irrigations using
potable water, groundwater, or surface flows
(3) Discharges from potable water sources
(4) Diverted stream flows
(5) Rising groundwater and springs
(6) Uncontaminated groundwater infiltration
(7) Uncontaminated pumped groundwater
(8) Foundation and footing drains
(9) Air conditioning condensation
(10) Water from crawl space pumps
(11) Flows from wetlands and riparian habitat
(12) De- chlorinated swimming pool discharges
(13) Street wash water
(14) Discharges from fire fighting activities
(15) Other similar occasional incidental non -storm water discharges
(C) No defense to an enforcement action is available under Subsection (B) if:
(1) The discharge in question has been determined by the Executive Director or the
Executive Director's designated representatives to be the source of a pollutant
to the storm water drainage system, waters of the United States, or state water;
(2) Written notice of such determination has been provided to the discharger; or
(3) The discharge has occurred more frequently than or beyond the limits permitted
by the director on a case by case basis.
13
(D) A person commits an offense if the discharge in question causes or contributes in
causing DFW Airport to violate a water quality standard, an existing TPDES permit, or any
state - issued discharge permit for discharges from the storm water drainage system.
(E) A person commits an offense if any of the following discharges to the DFW Airport storm
water drainage system occur:
(1) Used oil, antifreeze, or any other equipment /vehicle fluids.
(2) Industrial waste including wastewater generated from vehicle and equipment
cleaning activities.
(3) Hazardous waste.
(4) Sanitary sewer including wastewater generated from grease traps, grit traps,
oil /water separators, and other sanitary structural controls.
(5) Solid waste and other floatable materials.
(b) Wastewater from the following:
a. Car wash facilities;
b. The washing, cleaning, deicing, or other maintenance of aircraft;
c. Exterior cleaning activities if the wastewater consist any chemical
additives;
d. Concrete mixing, pouring, and application activities
(7) Discharge from water line disinfection containing chemical additives
(8) Fire protection water containing oil or any chemical additive unless
discharges are result of emergency fire fighting activities.
(F) A person commits an offense if sediment, silt, earth, soil, or other material associated
with clearing, grading, excavating, or other construction activities discharge into the
storm water drainage system.
(G) A person commits an offense if the person connects a line that conveys wastewater,
industrial waste, or any other illicit connection to the storm water drainage system or
knowingly allows such a connection to continue.
14
ARTICLE III.
SPILL RESPONSE AND NOTIFICATION.
SEC. 6A -7. SPILL RESPONSE.
(A) A person commits an offense if he intentionally fails to eliminate the release of a
prohibited discharge or spilled substance, and /or remediate areas impacted by a
prohibited discharge or spilled substance. It is the responsibility of the owner of the
material that is spilled to contain the material spilled, remediate the impacted areas, and
properly dispose of the material in accordance with EPA standards. This includes
stopping processes and operations, removing ignition sources, removing or isolating
containers, collecting and containing released material, and appropriately disposing of
all spilled materials or waste.
(B) In the event that the owner cannot be identified or the spilled substance presents an
immediate threat to health and safety or waters of the state, the Department of Public
Safety (DPS) and Environmental Affairs Department (EAD) will take immediate actions to
ensure the safety of all personnel, eliminate the source of the spill, contain the spill, and
initiate efforts to mitigate damage.
SEC. 6A-8 SPILL NOTIFICATION
(A) A person commits an offense if he intentionally fails to report the release of a prohibited
discharge or spilled substance. In the event of a spill of an unknown material or a
condition that presents an IDLH, it is the responsibility of the responsible party or witness
to immediately contact DPS at 911.
(B) In the event of a spill of a known material and non -IDLH condition it is the responsibility
of the responsible party or witness to immediately contact the DFW Airport Operations
Center (AOC) at (972) 973 -3112.
(C) In the event of a spill, the responsible party shall provide the DFW Airport AOC with the
following information:
(1) The chemical name or substance released,
(2) The exact location of the discharge,
(3) The time and duration of the discharge,
15
(4) The source of the discharge,
(5) Any known or anticipated health risk or precautions that should be taken as result
of the discharge, and
(6) Steps taken to contain or clean up the discharged substance.
(D) If the spill qualifies as a reportable release, the responsible party shall notify all
applicable federal, state, and local authorities as governed by the Texas Administrative
Code 30 TAC Chapter 327 Spill Notification Requirements.
ARTICLE IV.
REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE THE DISCHARGE OF STORM WATER
POLLUTANTS.
SEC. 6A -9. ADOPTION AND IMPLEMENTATION OF GOOD HOUSEKEEPING AND BEST
MANAGEMENT PRACTICES.
(A) Pursuant to Section 6A- 2 of this Chapter, the Executive Director may issue directives
identifying BMPs and GHPs for any activity, or facility which may cause or contribute to
pollution or contamination of storm water or of the Airport's separate storm sewer
system. The operator of a commercial or industrial establishment, or the operator of a
large or small construction site at the Airport, shall provide, at its expense, protection
from illicit discharges through the use of the BMPs and GHPs adopted and identified by
the Executive Director pursuant to this Section.
(A) Requirements
(1) GHPs are steps taken by individuals on a daily basis during the course of normal
work day activities to reduce exposure of pollutants to storm water runoff. A
person commits an offense if failure to adhere to the adoption and
implementation of the GNPs results in the release of a prohibited discharge. The
following are examples of the minimum acceptable GHPs to be implemented at
DFW Airport.
a. Walkways, aisles, roadways and exits are to be kept clear at all times.
b. Litter and trash are to be collected from parking areas, sidewalks, storm
water inlets, ditches, and exterior landscaping.
C. All refuse is to be placed in appropriate containers.
d. Chemical containers are to be kept closed at all times and are to be
properly labeled.
ff.,
e. Chemical containers are to be stored in enclosed or covered areas
whenever possible and off the ground.
f. Empty drums are to be labeled and placed in their designated area.
g. Spill response equipment is to be made accessible to employees at all
times of operation.
(2) BMPs are measures used to prevent or reduce pollution from on -site operations
entering the storm water collection system. BMPs include the schedules of
activities, prohibitions of practices, operations and maintenance procedures,
structural controls, and other management practices to prevent or reduce the
discharge of pollutants. EAD has assembled a BMP Guidance Document to
assist persons in the implementation of BMPs as outlined on the DFW Airport
internet website. A person commits an offense if failure to adhere to the
adoption and implementation of BMPs results in the release of a prohibited
discharge. The following are examples of the minimum acceptable BMPs to be
implemented at DFW Airport.
a. Utilization of drip pans and containers to contain spills from leaking
equipment and vehicles, and regularly inspect and empty drip pans at
the end of each work day.
b. Minimize outdoor storage of ground vehicles, equipment, parts,
batteries, drums and containers.
C. Ensure all wash activities are conducted in designated wash areas and all
wash water is collected and disposed of properly. Ensure trash bins and
compactors are regularly monitored and emptied as needed to minimize
overfilling.
d. Clean up spills using dry clean -up procedures and dispose of spent
materials properly.
e_ Ensure all employees are trained in spill response and prevention.
(3) A person commits an offense if failure to stage vehicles and equipment in a
manner to minimize exposure of pollutants and results in the release of a
prohibited discharge.
a. Leaking vehicles and equipment will not be permitted to be operated on
DFW Airport if the owner or operator cannot demonstrate the
containment and collection of automotive fluids, lavatory waste, or other
liquid chemicals through the use of drip pans or other BMPs used to
prevent the release of fluids to paved and unpaved surfaces.
17
b. Vehicles used to haul dirt, trash, and other loose materials will not be
permitted to be operated on DFW Airport if the owner or operator
cannot demonstrate adequate containment of hauled materials.
(4) A person commits an offense if failure to implement a Preventative Maintenance
(PM) program for any structural control (sanitary, storm, or water) results in the
release of a prohibited discharge. Structural Controls may include structures
such as irrigation systems, oil /water separators, grease traps, berms, retention
ponds, diversion valves, and lift stations. Operators are responsible for
maintaining all inspection and maintenance reports, and all associated waste
disposal records for each structural control for a period of three years.
SEC. 6A -10. AIRPORT REGULATED ACTIVITIES.
(A) Pollution Prevention Plan (P3) Program
(1) Operators of facilities that conduct operations from an airport facility not
associated with industrial activities shall comply with the requirements of the P3
Program. This program requires the Operator to evaluate their occupancy, and
develop non - structural controls to be utilized throughout the term of
occupancy. A person commits an offense if he fails to comply with the following
requirements associated with the P3 Program:
a. Develop or submit to EAD a company- specific P3 or the P3
Questionnaire provided by EAD. EAD will notify the Operator upon
approval or if additional information is required.
(B) Construction Activities
(1) Operators of facilities conducting construction activities disturbing less than 1
acre of land are required to comply with DFW Airport's Storm Water
Construction Program Policies. A person commits an offense if he fails to
comply with the following requirements associated with construction activities:
a. Develop and submit an ECP to EAD for review and approval prior to
commencement of all construction activities.
b. Maintain the BMPs as identified in the ECP until final stabilization is
achieved. An approved plan may be required to be modified during the
course of the project at the discretion of the Executive Director or the
Executive Director's designated representatives when determined to be
inadequate to prevent the discharge of pollutants into the DFW Airport
storm water collection system or receiving waters
m
C. Operators shall request a final inspection from EAD to confirm achieving
final stabilization of all sites associated with a construction project and all
installed BMPs have been removed to the satisfaction of EAD.
(C) Miscellaneous Activities and Land Disturbance
(1) A person performing exterior maintenance activities, or causing such exterior
maintenance activities to be performed at the Airport must comply with Chapter
bA of the DFW Code of Rules and Regulations and with the DFW Airport BMP
Guidance Manual as issued, and as amended from time to time, by the
Executive Director. A person commits an offense if he fails to comply with the
following requirements associated with miscellaneous activities:
a. Develop and submit to EAD for approval, a Wash Water Management
Plan (WWMP) before commencing any exterior washing activities at the
Airport outside of a designated wash area. For purposes of this section
"outside of a designated wash area" means an area draining to the
Airport's sanitary sewer system. Additional material regarding the DFW
Airport WWMP may be obtained from the EAD and the DFW Airport
internet website.
b. Perform natural gas drilling and exploration activities in a manner which
does not comply with this Chapter, and the DFW Airport Environmental
Awareness Guidance Document for Natural Gas Drilling and Exploration
as provided, and amended from time to time, by the Executive Director
or the Executive Director's designated representatives.
0
ARTICLE V.
STORM WATER ASSOCIATED WITH INDUSTRIAL AND CONSTRUCTION ACTIVITIES.
SEC. 6A -11. INDUSTRIAL.
(A) Permit Requirements
(1) The operator of a commercial or industrial facility that discharges storm water
associated with industrial activities and operates under a regulated primary SIC
code as outlined in the TPDES MSGP No. TXR050000, shall obtain coverage
under the TPDES MSGP through the TCEQ and comply with all terms and
conditions the permit.
(2) The Operator shall provide DFW Airport EAD with evidence of its acquired
TPDES MSGP coverage, including all related applications and notices, and
obtain guidance from EAD on all the documentation required to be completed
by DFW Airport.
(3) The Operator shall conduct all monitoring and sampling requirements as
identified in the TPDES MSGP. The Operator shall retain records of all
monitoring results at the facility, and make them available to the Executive
Director or his designated representatives upon request.
(4) The Operator shall develop and implement a SWP3, according to the
requirements of the TPDES MSGP.
a. All Airport tenants who are required to obtain permit coverage have the
option of participating in the DFW Airport Shared SWP3 Program, which
will permit tenants to operate under the DFW Airport SWP3 in place of
developing an individual SWP3. In order to participate in the DFW
Airport Shared SWP3 Program, tenants must:
i. Complete and submit to EAD the tenant questionnaire issued
by EAD. The questionnaire will address information related to
the facility, potential pollutant sources, prior spills or leaks, a
site map of the facility, and other information specific to facility
operations that are required by the TPDES MSGP.
20
SEC. 6A -12. CONSTRUCTION.
(A) Permit Requirements
(1) The operator of a construction site or construction project at DFW Airport with a
total land disturbance of one acre or more shall obtain coverage under the
TPDES Storm Water Construction General Permit TXR150000 through the TCEQ
and comply with all terms and conditions of the permit.
(2) The operator of an onsite temporary Batching Plant for concrete or specialty mix
located at DFW Airport shall obtain coverage under the TPDES Storm Water
Construction General Permit TXR150000 or TXG110000 through the TCEQ and
comply with all terms and conditions of the permit.
(3) Operators of construction activities disturbing five acres or more, and operators
of temporary batch plant must submit a permit application to the TCEQ by
completing all application form(s) as outlined in the Construction General Permit.
A copy of all submitted documents must be provided to EAD prior to
commencement of construction activities.
(4) Operators of construction activities greater than 1 acre and operators of
temporary batch plants must develop a SWP3 according to the requirements of
the TDPES Storm Water Construction Permit TXR15000 or TXG110000, which
must be maintained throughout the project until final stabilization is achieved. A
copy of the SWP3 shall be submitted to EAD for approval prior to
commencement of construction activities. An approved plan may be required to
be modified during the course of the project at the discretion of EAD when
determined to be inadequate for the current project situation or for the purposes
of protection of storm water conveyances from sediments or other pollutants
generated by a construction project
(5) Operators of construction activities disturbing greater than 1 acre must also
complete and submit a copy of a construction notice to the EAD indicating the
current location of the SWP3 and a current contact phone number in order to
request viewing of the SWP3. The posting must remain visible prior to
commencement of construction activities and maintained until final stabilization
is achieved.
(6) Operators must also comply with the following DFW Airport specific
requirements throughout the course of the project and until final stabilization is
achieved.
a. All Vehicles transporting loose or erodible materials such as soil, sand,
gravel, rock or broken up concrete shall use a functional tarping
21
mechanism over the bed of the truck while traveling on public roads of
the airport.
b. Removal of tracked materials (i.e. soil, sediment or debris) onto public
roads of the airport shall be accomplished no later than by end of day
when it occurs and shall be accomplished with a method or equipment
that does not cause the tracked materials to be pushed into storm sewer
systems or be washed into one during subsequent rain events.
C. Operators shall use an adequate method of collecting and containing
wastes generated from concrete cutting such that no loose material such
as dried, powdery residue remains behind with the potential to dissolve
and wash away into a storm water conveyance during subsequent rain
events.
d. Washout or rinsing that occurs directly onto open ground or anywhere
else than the designated location is not allowed. Operators shall use a
designated location and structure for concrete truck washout or rinsing
of chutes or pumping equipment and an adequate method of collecting
and containing such wastes for drying before final disposal. Overspray
that occurs during washout or rinsing activity must be considered in the
method.
e. Airport yard locations associated with the construction project shall also
be required to post the permit at the yard entrance in addition to
posting the permit at the construction site entrance.
f. Any necessary modifications or repairs to the installed BMPs for
conditions such as change to the scope or nature of any portion of the
project, damage to BMPs or inadequate pollution control shall be
implemented with seven (7) calendar days or before the next expected
rainfall, whichever should occur first.
g. Operators shall request a final inspection from EAD to confirm achieving
final stabilization of all sites associated with a construction project. A
NOT shall not be submitted until EAD confirms final stabilization is met
and all installed BMPs have been removed to the satisfaction of EAD.
22
SEC. 6A -13 DUTY TO COMPLY
(A) A person commits an offense if he operates a facility at the Airport that requires
authorization under the TPDES MSG or a TPDES Storm Water Construction General
Permit without having such coverage.
(B) A person commits an offense if he fails to comply with the conditions of the TPDES
MSGP or a TPDES Storm Water Construction General Permit. Failure to comply with the
permit may be grounds for revocation of permit and enforcement action by the TCEQ
and /or DFW Airport.
(C) Among other enforcement actions available to it under this Chapter or under applicable
law, EAD may suspend or revoke a person's participation in the DFW Airport Shared
SWP3 Program or construction activities for good cause, including, but not limited to, the
following reasons:
(1) Failure to notify TCEQ and EAD of significant changes in activities that may
negatively impact storm water prior to the changed activity;
(2) Misrepresentation or failure to fully disclose all relevant facts in the TPDES permit
application;
(3) Falsifying self- monitoring or other required documentation or reports;
(4) Tampering with monitoring equipment;
(5) Failure to complete or maintain a SWP3, or to timely submit a tenant
questionnaire or storm water discharge permit application;
(6) Failure to provide the project SWP3 for review upon request or allow access to
sites on airport associated with the construction project;
(7) Failure to implement, install and maintain BMPs;
(8) Failure to minimize the amount of sediment or other pollutants from leaving the
construction site; or
(9) Violation of any storm water standard or requirement or of any terms of a TPDES
permit or any lawful order issued pursuant to this Chapter.
23
ARTICLE VI.
COMPLIANCE MONITORING.
SEC. 6A -14. RIGHT OF ENTRY: INSPECTION AND SAMPLING.
The Executive Director, the Executive Director's designated representative(s), the TCEQ, or the EPA shall
have the right to enter any facility, premises, or site on the Airport that is subject to this Chapter to
determine whether the operator is complying with all requirements of this Chapter. The tenant or
operator shall allow all such representatives ready access to all parts of the premises, facility or site for the
purposes of inspection, observation, measurement, monitoring, testing, sampling, records examination
and copying, and the performance of any additional duties or activities the representative deems
necessary.
(A) Where the tenant or operator of a premises, facility or site at the Airport has security
measures in force which require proper identification and clearance before entry into its
premises, facility or site, such operator shall make necessary arrangements so that, upon
presentation of suitable identification, the representatives of the Board, TCEQ, or EPA
will be allowed access for the purposes described in this Section.
(B) The Executive Director shall have the right to set up or install at any premises, facility or
site at the Airport such devices as the Executive Director deem(s) necessary to conduct
sampling and /or metering of the storm water discharges from the premises, facility or
site. All such sampling and analysis performed by the Executive Director or authorized
representatives to monitor compliance shall be at the expense of the operator of the
premises, facility or site, unless the Executive Director determines otherwise.
(C) The Executive Director shall have the right to require the operator of a premises, facility
or site at the Airport to install sampling and monitoring equipment, as the Executive
Director deems necessary to assist in monitoring storm water discharges from the
premises, facility or site. Such sampling and monitoring equipment shall be maintained at
all times by the tenant or operator of the premises, facility or site in a safe and proper
operating condition at such tenant or operator's expense. All devices used to measure
storm water flow and quality shall be calibrated to ensure their accuracy.
24
(D) Any temporary or permanent obstruction to safe and easy access to the facility premises,
or site to be inspected and /or sampled shall be promptly removed by the tenant or
operator of the premise, facility or site at the written or verbal request of the Executive
Director or designated representatives) and shall not be replaced. The costs of clearing
such access shall be borne by the tenant and operator of the premises, facility or site.
(E) Unreasonable delays in allowing the Executive Director or designated representative(s)
access to a facility, premises, or site at the Airport for the purposes described in this
Section shall be a violation of this Chapter.
SEC. 6A -15. SEARCH WARRANTS.
If the Executive Director or designated representative(s) has been refused access to all or any part of a
premises, facility or site at the Airport and is able to demonstrate probable cause to believe that there
may be a violation of this Chapter, or that there is a need to inspect and /or sample as part of a routine
inspection and sampling program of the Board designed to verify compliance with this Chapter or to
protect the overall public health, safety and welfare of the community, then the Executive Director may
seek issuance of a search warrant from a court of competent jurisdiction..
ARTILCE VII.
ADMINISTRATIVE ENFORCEMENT REMEDIES.
SEC. 6A -16. NOTICE OF VIOLATION.
(A) When the Executive Director finds that any person has violated, or continues to violate,
any provision of this Chapter, or order, procedure or guidance document issued
hereunder, or any other regulatory standard or requirement promulgated pursuant to
this Chapter, the Executive Director may issue or cause to be issued to such person(s) a
written Notice of Violation (NOW
(B) Within the time frame specified in the NOV which is usually, but not always, not later
than the tenth day after receipt of the notice, the person issued the notice of violation
( "violator ") shall submit to the Executive Director or designated representative, as
indicated by the NOV, an explanation of the violation and a plan for the satisfactory
correction and prevention of a reoccurrence of the violation. Such plan shall include
25
specific actions to be taken by the violator.
(C) If the violator denies that any violation occurred, or contends that no corrective action is
necessary, the person shall submit to the Executive Director or designated
representative, as indicated by the notice of violation, no later than the date specified in
the NOV a written notice of appeal with an explanation of the basis of any such denial or
contention.
(D) Submission of an explanation and /or plan in no way relieves a person of liability for any
violations occurring before or after receipt of the notice of violation.
(E) Issuance of an NOV shall not be a bar against, nor a prerequisite for, taking any other
action against a violator.
SEC. 6A -17. CONSENT ORDER.
(A) The Executive Director may enter into a consent order, assurance of voluntary
compliance, or similar agreement with any person responsible for a noncompliance with
any provision of this Chapter.
(B) Such agreement may include specific action to be taken by the violator to correct the
noncompliance within a time period specified by the agreement.
(C) Such agreements shall be judicially enforceable.
SEC. 6A -18. SHOW CAUSE HEARING.
(A) The Executive Director may order any person or operator who has violated or who
continues to violate any provision of this Chapter to appear before the Executive
Director and show cause why a proposed enforcement action should not be taken.
(B) Notice of the show cause hearing shall be served on the person or operator specifying
the time and place for the meeting, the proposed enforcement action, the reasons for
such action, and a request that the operator show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served personally or by
registered or certified mail (return receipt requested) at least ten (10) days prior to the
hearing. If the hearing is rescheduled for any reason, a revised notice shall be served at
least three (3) days prior to the rescheduled hearing date. Such notice may be served on
any authorized representative of the person or User_
26
(C) A show cause hearing shall not be a bar against, or a prerequisite for, taking any other
action against a person or operator.
SEC. 6A -19. COMPLIANCE ORDER.
(A) When the Executive Director finds that any person has violated, or continues to violate,
any provision of this Chapter, any permit or lawful order issued hereunder, or any other
applicable water quality standard or requirement, the Executive Director may issue a
compliance order to such person or operator, directing it to come into compliance
within a specified time limit. If the person or operator does not come into compliance
within the time provided, the person's /operator's water service may be discontinued
unless corrective measures properly implemented.
(B) Compliance orders may contain other requirements to address noncompliance,
including additional management practices and self- monitoring to minimize the amount
of pollutants discharged.
(C) A Compliance order may not extend the deadline for compliance established by a state
or federal standard or requirement.
(D) A Compliance order shall not relieve a person or operator of liability for any violation,
including any continuing violation.
(E) A person or operator receiving a compliance order may file a written notice of appeal
with the Executive Director or his designated representative, as indicated by the
compliance order, no later than the tenth day after receipt of the order. Such notice of
appeal shall include an explanation as to why the person believes the enforcement
action should not be taken.
(F) Issuance of a compliance order shall not be a bar against, nor a prerequisite for, taking
any other action against a person or User.
SEC. 6A -20. CEASE AND DESIST ORDER.
(A) Whenever the Executive Director finds that any person or operator has violated, or
continues to violate, any provision of this Chapter, or any other applicable water quality
standard or requirement, or finds that the person /operator's past violations are likely to
27
recur, the Executive Director may issue an order to such person /operator directing it to
cease and desist all such violations and directing the operator to: (1) immediately comply
with all requirements; and (2) take such appropriate remedial or preventive action as may
be needed to properly address a continuing or threatened violation, including halting
operations and /or terminating the discharge.
(B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for,
taking any other action against a person or operator.
SEC. 6A -21. STOP WORK ORDER.
(A) Whenever the Executive Director finds that any person or operator who has been issued
a construction permit by the Airport has violated, or continues to violate, any provision of
this Chapter, the Executive Director may cause a stop work order to be issued to the
operator, to be posted at the construction site or other location specified in the order,
and to be distributed to all Airport Board departments and divisions whose decisions
affect any construction permit or activity at the affected site(s).
(B) Unless express written exception is made by the Executive Director, the stop work order
shall prohibit any further construction or related activity at the site and shall bar any
further inspection or approval by the Airport Board associated with any Airport Board
permit or any other Airport Board approval necessary to commence or continue
construction or to assume occupancy at the permitted location or site.
(C) A person receiving a stop work order under this Section may file a written notice of
appeal with the Executive Director, no later than the tenth day after receipt of the stop
work order. Such notice shall include an explanation as to why the person believes the
enforcement action should not be taken.
(D) Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any
other action against a person or User.
SEC. 6A-22. ADMINISTRATIVE FINES.
(A) The Executive Director shall have the authority to levy one or more administrative fines
against a person, User, or operator who violates any provision or order issued pursuant to
this Chapter.
28
(B) Administrative fines under this Chapter shall be enforced in accordance with the
Schedule of Charges as amended.
(C) Delinquent or past due fines shall constitute cause for the Executive Director to
immediately suspend any Airport issued permit or other written authorization of any
person /User issued under this Chapter until such fines are paid in full and /or to take any
other legal action deemed necessary to recover delinquent or past due fines.
SEC. 6A -23. AUTHORITY TO REMOVEAMPOUND VEHICLES AND REVOKE VEHICLE AOA PERMITS.
(A) DPS has the authority to remove or impound any vehicle or equipment in violation of
Section 2 -7 of these Rules and Regulations if:
(1) The vehicle or equipment is staged in manner that poses an immediate threat to
the environment;
(2) The owner or operator fails to correct previous environmental violations; or
(3) The owner or operator cannot be identified or contacted to correct the
environmental violation /s.
(B) DPS has the authority to revoke AOA permits for vehicles or equipment with a repeated
history of leaking or releasing chemicals and /or lavatory fluids. AOA permits will be
revoked for any vehicle cited for leaking more than two times in six months.
ARTICLE VIII.
JUDICIAL ENFORCEMENT REMEDIES.
SEC. 6A -24. INJUNCTIVE RELIEF.
Whenever the Executive Director finds that a person has violated, or continues to violate, any provision
of this Chapter, including any order, procedure, regulatory standard or requirement issued hereunder or
any regulatory standard or requirement promulgated pursuant to this Chapter, the Executive Director
may petition an appropriate Court through the Airport Board's legal counsel for the issuance of a
temporary or permanent injunction, as appropriate, to restrain the person from further acts in violation of
this Chapter or to compel compliance with this Chapter, including performance of abatement and
remediation of the violation. Executive Director may also seek such other action as is appropriate for
legal and /or equitable relief, including a requirement for the person or User to conduct environmental
29
remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any
other action against a person or User.
SEC. 6A -25. CIVIL PENALTIES.
In accordance with State law, the Airport Board may file a civil suit seeking a civil penalty, and other
available relief, against a person in control of a premises at the Airport who is in violation of this Chapter,
or of any order, procedure, regulatory standard or requirement issued hereunder, and who, after notice
of a violation, continues to take action in violation of this Chapter or fails to take actions necessary for
compliance with this Chapter. A civil penalty under this Chapter may not exceed $5,000 a day for a
violation. Filing a civil suit for a civil penalty shall not be a bar against, or a prerequisite for taking any
other action against a person in violation of this Chapter.
SEC. 6A -26. CRIMINAL PROSECUTION.
(A) Criminal Offenses
(1) A person commits an offense if the person violates, or causes or permits another
person to violate, or assists in the commission of a violation of, any applicable
provision of this Chapter or of any order, procedure, regulatory standard or
requirement issued hereunder.
(2) A person commits an offense if the person makes any false statements,
representations, or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this Chapter or
any permit or order issued hereunder, or if the person falsifies; tampers with, or
renders inaccurate any monitoring device or method required under this
Chapter.
(B) Criminal Penalties
(1) A person, who violates any provision of this Chapter, or any term or condition of
any permit or order issued hereunder, is guilty of a separate offense for each day
or portion of a day during which the violation is continued. Each offense is
punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) or the
maximum allowable by law; provided, however, that where the offense is one for
which a penalty is otherwise fixed by state or federal law, such law shall govern, if
either is exclusive.
30
(2) Prosecution for an offense under Section 6A -26 does not preclude the use of
other enforcement remedies or procedures applicable to the person charged
with, or the conduct involved in, the offense.
ARTICLE IX.
FEES AND CHARGES.
SEC. 6A -27. FEES AND CHARGES.
(A) Fees or charges under this Chapter shall be set out in the Airport Board's Schedule of
Charges and shall be paid in a manner prescribed by the Executive Director. The fees
provided for in this Chapter relate solely to the matters covered by these Rules and
Regulations and are separate from all other fees, fines, and penalties chargeable by the
Board. No refund of fees collected pursuant to this Chapter shall be made.
31
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL. ACTION: Approved on 6/42/2012 - Ordinance No. 20246 -06 -2012
DATE: Tuesday, June 12, 2012 REFERENCE NO.: G -17610
LOG NAME: 12DFW ADD CHAPTER 6
SUBJECT:
Adopt Ordinance Approving Dallas /Fort Worth International Airport Board Resolution 2011 -11 -327,
Amending the Code of Rules and Regulations for the Dallas /Fort Worth International Airport by Adding
Chapter 6A Storm Water Rules and Regulations (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving Dallas /Fort Worth
International Airport Board Resolution 2011 -11 -327, which amends The Code of Rules and Regulations
for the Dallas /Fort Worth International Airport by adding Chapter 6A Storm Water Rules and Regulations.
DISCUSSION:
Board Resolution 2011 -11 -327, adopted by the Dallas /Fort Worth International Airport Board (Board) at its
meeting on November 3, 2011, approved an amendment to add Chapter 6A to the Code of Rules and
Regulations for the Dallas /Fort Worth International Airport (Code). Chapter 6A will serve as the primary
regulatory mechanism to control the introduction of pollutants into the Dallas /ort Worth International
Airport's (DFW Airport) Municipal Separate Storm Sewer System (MS4) and address prohibited
discharges, best management practices, spill response and enforcement remedies.
DFW Airport is subject to the Texas Commission on Environmental Quality's (TCEQ) regulations and is
required to maintain a Texas Pollutant Discharge Elimination System ( TPDES) TXR040000 permit. The
Board's TPDES permit requires a stormwater program designed to reduce discharge of pollutants to
receiving waters to the Maximum Extent Practicable. DFW Airport's TPDES Permit must be renewed in
August, 2012. The TCEQ requires the establishment of a regulatory mechanism to define environmental
standards, prohibit illicit discharges, and establish enforcement procedures for violators. The addition of
Chapter 6A to DFW Airport's Code will meet this regulatory requirement.
Both state law and the 1968 Contract and Agreement between the cities of Fort Worth and Dallas require
that amendments to the Code of Rules and Regulations for the Dallas /Fort Worth International Airport
must be approved by the City Councils of both cities. The City of Dallas is scheduled to vote on this
amendment at a regularly scheduled meeting on June 13, 2012.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers FROM Fund /Account/Centers
Logname: 12DFW ADD CHAPTER 6 Page 1 of 2
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Sarah Fullenwider (8006)
Charlene Sanders (7611)
Logname: 12DFW ADD CHAPTER 6 Page 2 of 2