Houston Code of Ordinances § 47-741 Discharge to MS4 prohibited.
Sec. 47-741. - Discharge to MS4 prohibited.
(a) A person commits an offense if the person threatens to introduce, introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water.
(b) It is an affirmative defense to any enforcement action for a violation of subsection (a) that the discharge was composed entirely of one or more of the following categories of discharges:
(1) A discharge authorized by, and in strict compliance with, an NPDES or TPDES permit (other than the NPDES permit for discharges from the MS4);
(2) A discharge or flow resulting from fire fighting by the fire department if that discharge is not reasonably expected to be a significant source of pollutants to the MS4;
(3) A discharge or flow of fire protection water if that discharge is not reasonably expected to be a significant source of pollutants to the MS4;
(4) Water line flushing, provided that the water is not significantly chlorinated when reaching a receiving water;
(5) Landscape irrigation;
(6) Diverted stream flows;
(7) Rising ground waters;
(8) Uncontaminated ground water infiltration;
(9) Infiltration (as defined in Section 35.2005(20) of Title 40 of the CFR) to separate storm sewers;
(10) Uncontaminated pumped ground water;
(11) Discharges from foundation drains;
(12) Discharges from potable water sources, providing the water is not significantly chlorinated when reaching a receiving water;
(13) Irrigation water;
(14) Air conditioning condensation;
(15) Water from crawl space pumps;
(16) Springs;
(17) Lawn watering;
(18) Discharges from footing drains;
(19) Flows from riparian habitats and wetlands;
(20) Non-commercial car washing (until such time as TCEQ issues a general permit for such discharges);
(21) Pavement wash waters provided cleaning chemicals are not used (until such time as TCEQ issues a general permit for such discharges);
(22) Dechlorinated swimming pool discharges; or
(23) Materials resulting from a spill where the discharge is necessary to prevent loss of life, personal injury or severe property damage provided that the party responsible for the spill takes all reasonable steps to minimize or prevent any adverse effects to human health or the environment.
(24) Pavement wash water provided cleaning chemicals are not used (cosmetic wash water);
(25) Individual residential vehicle washing provided cleaning chemicals are not used;
(26) Wash water using only potable water, and which are similar in quality to street wash water and individual vehicles washing but without the use of detergents or surfactants;
(27) Other allowable non-storm water discharges listed in 40 CFR § 122.26(d)(2)(iv)(B)(1);
(28) Other allowable non-storm water discharges as listed in the TPDES Construction General Permit No. TXR150000 and TPDES Multi-Sector General Permit No. TXR050000; or
(29) Other similar occasional incidental non-storm water discharges.
(c) No affirmative defense shall be available under subsection (b) if:
(1) The discharge or flow in question has been determined by the city engineer to be a source of a pollutant or pollutants to the waters of the United States or to the MS4;
(2) Written notice of such determination has been provided to the discharger; and
(3) The discharge has continued after the expiration of the time given in the notice to cease the discharge.
(d) Reserved.
(Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, §§ 3, 22—24, 8-23-06; Ord. No. 2016-864, § 23, 11-9-2016)