DISCHARGES INTO STORM SEWERS OR WATERCOURSES.

Austin City Code tit. 6, ch. 6-5, art. 5

in effect

Austin City Code § 6-5-51 DISCHARGE RESTRICTIONS.

§ 6-5-51 - DISCHARGE RESTRICTIONS. (A) A person who analyzes water or wastewater to determine whether it complies with section shall use an approved method, if available. (B) Except in accordance with a permit issued by Texas Commission On Environmental Quality or the U.S. Environmental Protection Agency, person may not discharge or allow to be discharged into storm sewer or watercourse: (1) sewage; (2) garbage; (3) other waste; (4) a flammable or explosive liquid, solid, or gas, including gasoline, kerosene, benzene, naphtha, or a solvent; (5) a liquid or vapor that has a temperature of 96 degrees Fahrenheit or higher at the point where the liquid or vapor enters a watercourse; (6) a wax, grease, oil, plastic, or other substance that solidifies or become discernibly viscous at a temperature between 32 degrees Fahrenheit and 96 degrees Fahrenheit; (7) a noxious or malodorous substance, including hydrogen sulfide, sulphur dioxide, or nitrogen oxide, which either singly or by interaction with another substance is capable of producing an objectionable odor or hazard to a human, animal, plant, or aquatic organism; (8) a substance that: (a) forms a solid; (b) causes congestion or corrosion in a storm sewer or watercourse; or (c) increases the maintenance requirement for a storm sewer or watercourse; (9) free or emulsified animal, vegetable, or mineral oil or grease; (10) an acid or alkaline that is detrimental to a storm sewer or watercourse; (11) a substance with a pH value lower than 6.0 or higher than 10.5; (12) a substance that contains a heavy metal or salt in solution or suspension in the prescribed concentration: (a) arsenic that exceeds a concentration of 0.05 milligrams per liter; (b) barium that exceeds a concentration of 5.0 milligrams per liter; (c) boron that exceeds a concentration of 1.0 milligrams per liter; (d) cadmium that exceeds a concentration of 0.02 milligrams per liter; (e) chromium that exceed a concentration of 1.0 milligrams per liter; (f) copper that exceeds a concentration of 1.0 milligrams per liter; (g) lead that exceeds a concentration of 0.1 milligrams per liter; (h) manganese that exceeds a concentration of 1.0 milligrams per liter; (i) mercury that exceeds a concentration of 0.005 milligrams per liter; (j) nickel that exceeds a concentration of 1.0 milligrams per liter; (k) selenium that exceeds a concentration of 0.02 milligrams per liter; (l) silver that exceeds a concentration of 0.1 milligrams per liter; or (m) zinc that exceeds a concentration of 5.0 milligrams per liter; (13) phenol or another substance in a concentration that produces odor or taste in water; (14) cyanide that exceeds a concentration of 0.02 milligrams per liter; (15) formaldehyde; (16) phosphate that exceeds a concentration of six milligrams per liter; (17) sulphate that exceeds a concentration of 75 milligrams per liter; (18) a herbicide, pesticide, or fungicide, including chlordane, heptachlor, heptachlor expoxide, aldrin, dieldrin, DDT, DDD, or DDE, or other substance that is a hazard to human, animal, or plant life or an aquatic organism or that creates a hazard in the water; (19) waste containing radioactive material in a concentration greater than allowable by Texas Department of Health or Texas Commission on Environmental Quality regulations; (20) waste that causes in a storm sewer or watercourse: (a) an unusual concentration of a solid or a chemical deposit; (b) a permanent or nonfilterable change in the natural color of the water; (c) an unusual flow; or (d) dissolved oxygen of less than five milligrams per liter; (21) waste that contains: (a) chloride that exceeds a concentration of 100 milligrams per liter; (b) total dissolved solids that exceed a concentration of 400 milligrams per liter; (c) material that causes foaming or frothing; or (d) settleable solids that exceeds a concentration of five milligrams per liter; (22) waste with: (a) a biochemical oxygen demand that exceeds 20 milligrams per liter; or (b) a chemical oxygen demand that exceeds 45 milligrams per liter; or (23) a substance: (a) that the director determines causes pollution; or (b) whose discharge violates Chapter 26 (Texas Water Quality Act) of the Texas Water Code, or a waste discharge permit, rule, regulation, or order issued by the Texas Commission On Environmental Quality. (C) A person: (1) shall treat or remove from water a heavy metal or salt if it exceeds the concentration limit prescribed by Subsection (B)(12); and (2) may not dilute a heavy metal or salt in an attempt to comply with the concentration limit. (D) The director may restrict the discharge of a waste that contains a heavy metal to a limit expressed in "pounds per day" to prevent the use of dilution to meet a concentration limit. (E) If waste contains a substance that is not regulated by this article, the maximum amount of the substance that a person may discharge to a storm sewer or watercourse is prescribed by the Texas Commission on Environmental Quality or other appropriate governmental agency. Source: 1992 Code Section 4-1-76; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-52 TRAPS, CATCH BASINS, AND INTERCEPTORS.

§ 6-5-52 - TRAPS, CATCH BASINS, AND INTERCEPTORS. (A) Except at a dwelling, a person shall provide a grease trap, oil trap, sand trap, catch basin, or interceptor, as appropriate, to remove waste containing oil, grease, sand, or other harmful material. (B) The director's approval is required for the design of a trap, catch basin, or interceptor. (C) A person shall construct a trap, catch basin, or interceptor: (1) from durable, impervious material capable of withstanding abrupt and extreme changes in temperature; and (2) that includes an easily removable cover or grate. (D) The owner or occupant of a premises shall regularly inspect and maintain in a continuously effective condition a trap, catch basin, or interceptor located on the premises. (E) A person who removes material from a trap, catch basin, or interceptor shall reuse the material or dispose of it in accordance with local, state, and federal regulations. (F) A person may not use hot water, an enzyme, a chemical, or another agent or device to cause oil, grease, sand, or other harmful material to pass through a trap, catch basin, or interceptor. Source: 1992 Code Section 4-1-77; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-53 DISCHARGES FROM CONSTRUCTION SITES.

§ 6-5-53 - DISCHARGES FROM CONSTRUCTION SITES. (A) A person may discharge drainage water from a construction site excavation into a storm sewer or watercourse if the discharge does not cause an obstruction, siltation, or pollution of the storm sewer system or watercourse. (B) A person is not required to obtain a permit to discharge rainwater or ground water into a storm sewer or watercourse if: (1) the discharge is from a trench, open ditch, foundation excavation, or other similar excavation for the construction of a utility, building, or a similar or related activity; (2) the discharge is temporary and short term; (3) the person monitors the discharge; and (4) the person provides the director, at the director's request, evidence that the discharge complies with City requirements for water quality. Source: 1992 Code Section 4-1-78; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-54 CAR WASHES, SERVICE STATIONS, AND SIMILAR FACILITIES.

§ 6-5-54 - CAR WASHES, SERVICE STATIONS, AND SIMILAR FACILITIES. (A) This section applies to a car wash, service station, fuel dispensing facility, oil change or lubrication station, vehicle repair shop, or other similar facility. (B) The owner or operator of a facility constructed after January 9, 1978: (1) shall provide oil, grease, and sand traps that comply with Section 6-5-52 (Traps, Catch Basins, and Interceptors) for the drainage from an area that is exposed to rainfall; (2) shall treat rainfall runoff and discharge it to the nearest storm sewer or watercourse; and (3) may not discharge or allow to be discharged drainage from an area that is protected from rainfall to a storm sewer or watercourse. (C) This subsection applies to a facility that was constructed before January 10, 1978 and that discharges drainage to a storm sewer or watercourse. (1) The owner or operator of a facility shall comply with Section 6-5-51 (Discharge Restrictions). (2) The director shall inspect the facility and may sample the drainage being discharged. (a) If an inspection or sample indicates a violation of Section 6-5-51 (Discharge Restrictions), director shall notify the facility owner or operator of the violation. (b) The owner or operator shall submit to the director a proposal to correct the violation not later than the 30th day after the date of the notification. (c) Not later than the 15th day after the director receives a proposal to correct a violation, the director shall approve the proposal or order other corrective action. The director shall allow an owner or operator a reasonable period of time to correct the violation. Source: 1992 Code Section 4-1-79; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-55 MACHINE SHOPS AND SIMILAR WORK AREAS.

§ 6-5-55 - MACHINE SHOPS AND SIMILAR WORK AREAS. (A) This section applies to drainage from the work area of a machine shop or an industry that manufactures, rebuilds, or overhauls motors, engines, transmissions, hydraulic systems, or similar machinery. (B) A person may not discharge or allow to be discharged the drainage into a storm sewer or watercourse. (C) The person responsible for the drainage shall discharge the drainage into a storage tank that is: (1) designed to hold industrial waste until the waste is transported to a disposal site approved by the Texas Commission on Environmental Quality or the U.S. Environmental Protection Agency; and (2) not connected to a storm sewer or watercourse. Source: 1992 Code Sections 4-1-75 (definition of "hold-haul tank") and 4-1-80; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-56 STEAM CLEANING AND CHEMICAL CLEANING FACILITIES.

§ 6-5-56 - STEAM CLEANING AND CHEMICAL CLEANING FACILITIES. A person may not discharge or allow to be discharged into a storm sewer or watercourse wastewater from a steam cleaning or chemical cleaning facility unless the discharge complies with this article. Source: 1992 Code Section 4-1-81; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-57 STORMWATER DISCHARGE PERMIT REQUIREMENT.

§ 6-5-57 - STORMWATER DISCHARGE PERMIT REQUIREMENT. (A) A person may not discharge or allow to be discharged industrial waste into a storm sewer or watercourse unless: (1) the director issues the person a stormwater discharge permit; and (2) the person complies with the terms of the permit. (B) A person who seeks a stormwater discharge permit must file an application with the director. (C) The director shall issue a permit if the director determines that the application and the proposed discharge comply with this article. (D) A stormwater discharge permit expires on December 31 of the year it is issued. (E) A permittee shall annually renew a permit before its expiration and pay the permit fee established by separate ordinance. (F) An applicant may seek a temporary permit for a discharge of industrial waste that is noncontinuous and of limited duration. If the applicant later requests a full-term permit, the director shall deduct the fee paid for the temporary permit from the fee for a full-term permit. (G) A person who is required to hold a stormwater discharge permit and who does not pay the permit fee by February 28 shall pay to the director a late fee established by separate ordinance. Source: 1992 Code Section 4-1-82(A)-(D); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-58 PRETREATMENT AND MONITORING REQUIREMENTS.

§ 6-5-58 - PRETREATMENT AND MONITORING REQUIREMENTS. (A) A person who generates waste that does not comply with the requirements of this article for discharge into a storm sewer or watercourse shall: (1) pretreat the waste before discharge to comply with the requirements of this article; or (2) dispose of the waste at a location and by a method approved by the director. (B) The director may require that a permittee, at the permittee's expense, monitor and record the quality of waste being discharged if: (1) the permittee is using a pretreatment facility; or (2) the director determines that the waste may not comply with the requirements of this article. (C) The director shall determine whether a proposed pretreatment facility is suitable for the intended purpose. (1) A person who intends to pretreat waste shall provide the director with plans and specifications for the pretreatment facility. (2) The director may require a person to modify a pretreatment facility if the facility does not produce a discharge that complies with this article. Source: 1992 Code Section 4-1-83; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-59 INSPECTION BY CITY.

§ 6-5-59 - INSPECTION BY CITY. (A) A City inspector, agent, or representative charged with the enforcement of this article is performing a governmental function for the benefit of the general public. The City, the director, an inspector, an agent, or a representative is not liable for damage alleged to be the result of the performance of this governmental function. (B) An owner or occupant of a premise where industrial waste is created or discharged into a storm sewer or watercourse shall allow the director access at all reasonable times to all parts of the premises for the purpose of inspection or sampling or the performance of any of their duties. (C) The director may inspect or sample industrial waste to be discharged into a storm sewer or watercourse to determine compliance with this article. (D) The director shall determine the time and method of an inspection or sampling. Source: 1992 Code Sections 4-1-82(F) and (G) and 4-1-84; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-60 ANALYSIS OF INDUSTRIAL WASTE.

§ 6-5-60 - ANALYSIS OF INDUSTRIAL WASTE. A person shall analyze a sample of industrial waste by using an approved method. Source: 1992 Code Section 4-1-82(F) and (G); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-61 DISCONNECTION OF WATER SERVICE.

§ 6-5-61 - DISCONNECTION OF WATER SERVICE. (A) The City may, in accordance with this subsection, disconnect the water service of a person who discharges industrial waste into a storm sewer or watercourse without a permit or who allows or causes an illegal discharge of industrial waste into a storm sewer or watercourse. (1) The director shall notify a person in writing: (a) that the person is: (i) discharging industrial waste into a sewer or watercourse without a permit; or (ii) allowing or causing an illegal discharge of industrial waste into a storm sewer or watercourse; (b) the director intends to recommend the disconnection of the person's water service; and (c) the person may submit evidence to the director showing that the discharge complies with this article. (2) If the person does not submit evidence showing that the discharge complies with this article or if the director determines that the discharge does not comply with this article, the director, after giving the person at least 24 hours notice, may request that the director of Austin Water Utility disconnect the water service. (B) The City may immediately disconnect water service to a premises if a person does not permit the City to inspect or sample industrial waste on the premises in accordance with Section 6-5-59 (Inspection By City). (C) After water service is disconnected, a person may not reconnect the water service until the requirements of this article are met. Source: 1992 Code Sections 4-1-82(E) and 4-1-84; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-62 DISCLOSURE OF INFORMATION; CONFIDENTIALITY.

§ 6-5-62 - DISCLOSURE OF INFORMATION; CONFIDENTIALITY. (A) A person shall disclose to the director information relating to the composition of waste that is regulated by this article. (B) The director may not disclose to the public information a person provides to comply with this article if the information: (1) is designated by the federal government as confidential; (2) relates to a trade secret; (3) would cause substantial competitive harm to a permittee; or (4) is not otherwise required to be disclosed by Chapter 552 (Public Information Act) of the Texas Government Code. Source: 1992 Code Section 4-1-85; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-63 COMPLIANCE WITH OTHER APPLICABLE LAWS.

§ 6-5-63 - COMPLIANCE WITH OTHER APPLICABLE LAWS. (A) This article does not supersede a code provision or ordinance relating to cross-connections, safeguards to the water supply, waste traps, or storm sewers or watercourses. (B) A person who complies with this article shall also comply with Chapter 26 (Texas Water Quality Act) of the Texas Water Code or the requirements of a waste discharge permit, order, rule, or regulation issued by the Texas Commission On Environmental Quality, if any. Source: 1992 Code Section 4-1-86; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-64 LIABILITY FOR DAMAGE CAUSED BY ILLEGAL DISCHARGE.

§ 6-5-64 - LIABILITY FOR DAMAGE CAUSED BY ILLEGAL DISCHARGE. A person is liable to the City for the damage to or repair cost of a storm sewer or watercourse if the person: (1) discharges or allows the discharge of waste that does not comply with this article to a storm sewer or watercourse; and (2) the waste causes damage to or blocks or restricts the flow of a storm sewer or watercourse. Source: 1992 Code Section 4-1-87; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-65 LIABILITY; NUISANCE; INJUNCTION.

§ 6-5-65 - LIABILITY; NUISANCE; INJUNCTION. (A) A person who violates this article is liable to the City for an expense, loss, or damage caused by the violation. (B) A person who discharges or allows the discharge of waste in violation of this article creates a public nuisance. (C) The director or a person who has reasonable cause to believe an ongoing violation of this article exists may apply to a court of competent jurisdiction for and may obtain an injunction restraining the violation. Source: 1992 Code Section 4-1-88; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-5-66 PENALTY.

§ 6-5-66 - PENALTY. A person who violates a provision of this article commits a Class C misdemeanor and is subject to the penalty prescribed by Section 1-1-99 (Offenses; General Penalty). Source: 1992 Code Section 4-1-999; Ord. 031023-10; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT6ENCOCO_CH6-5WAQU_ART5DIINSTSEWAFetched: 10/27/2026