Stormwater discharge from construction activities.
El Paso City Code § 15.20.110
in effect15.20.110 - Stormwater discharge from construction activities.
A. General Requirements.
1. All operators of construction sites shall use the methodology on best management practices from the "stormwater quality best management practices for construction activities" manual. The city council may, by resolution, adopt a stormwater quality best management practices for construction activities manual.
2. Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of any construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once a month and within twenty-four hours of the end of a storm that is 0.5 inches or greater. All erosion and sediment control measures and other identified best management practices shall be observed in order to ensure that they are operating correctly and are effective in preventing significant impacts to receiving waters and the MS4. Based on the results of the inspection, best management practices shall be revised as appropriate, and as soon as is practicable.
3. All plans and specifications that are prepared for the construction of site improvements shall include a storm drain pollution control plan (SDPCP), that illustrates and describes the best management practices required by subsection A.1. of this section that will be implemented at the construction site. The stormwater administrator may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other city approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the management practices described in the plans or observed upon a site inspection by city personnel are determined not to control and reduce the discharge of sediment, silt, earth, soil, and other materials associated with clearing, grading, excavation, and other construction activities to the maximum extent practicable. Together with written notification to the applicant that the approval sought is denied, the stormwater administrator shall provide the applicant a written explanation of the reasons for the denial. The applicant may appeal the decision made by the stormwater administrator to the appeals officer, in accordance with Chapter 2.30 of the El Paso City Code. Any appeal shall be made within ten days of the date the applicant receives notification of the decision of the stormwater administrator.
4. No person shall do any clearing, grubbing, excavation or grading on a site prior to the stormwater administrator granting approval of the submitted SDPCP for such site.
B. Storm Drain Pollution Control Plan Standards. All SDPCP requirements shall be construed and established in accordance with the SDPCP standards.
C. Storm Drain Pollution Control Plan Requirements. All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of five or more acres of total land area, or that are part of a common plan of development or sale within which five or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall comply with the following requirements:
1. Any operator who intends to obtain coverage for stormwater discharges from a construction site under the NPDES general permit for stormwater discharges from construction sites ("the construction general permit") shall submit a signed copy of its notice of intent (NOI) and a SDPCP to the city prior to the approval of any subdivision, building permit or grading permit. For stormwater discharges from construction sites where the operator changes, an NOI shall be submitted at least two days prior to when the operator commences work at the site.
2. All construction sites with construction activity resulting in the disturbance of five acres or more will be required to submit an SDPCP and an application fee. Individual lots that are part of a larger development of five acres or more will not be required to submit a SDPCP or the application fees; however, such individual lots will be required to comply with the requirements of the SDPCP of the larger development. The following provision shall apply to all construction sites with construction activity resulting in the disturbance of five acres or more:
a. A SDPCP shall be developed for each construction site. A single SDPCP may be prepared for different operators at the construction site for a more effective coordination of BMPs and cost sharing. Individual operators may develop separate SDPCPs that covers only their portion of the project, provided that reference is made of other operators of the site. The SDPCP shall be developed in accordance with good engineering practices. The plan shall identify potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction site. The SDPCP shall describe and ensure the implementation of practices which will be used to reduce pollutants in stormwater discharges from the construction site and to assure compliance with the permit.
b. A storm drain pollution control plan (SDPCP) shall be prepared and implemented in accordance with the requirements of the construction general permit or any individual or group NPDES permit issued for stormwater discharges from the construction site, and with any additional requirement imposed by or under this chapter and any other city ordinance.
c. The SDPCP shall be prepared, signed, and sealed by a registered professional engineer.
d. The SDPCP shall be completed prior to the submittal of plans to the city engineer. The SDPCP shall be updated and modified as appropriate and as required by the construction general permit and this chapter. Any update or modification to the SDPCP shall be prepared, signed, and sealed by a registered professional engineer, if the original SDPCP was required by subsection (C)(2) of this section, to have been prepared by a registered professional engineer.
e. The SDPCP shall be submitted to the stormwater administrator for review and approval prior to the commencement of any construction.
f. Upon the review by the director of the city development department or other designee of the city manager of the SDPCP or any site inspection that the director of the city development department or other designee of the city manager may conduct, the director of the city development department or other designee of the city manager may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other city approval necessary to commence or continue construction, or to assume occupancy, on the grounds that the SDPCP does not comply with the requirements of the construction general permit, any individual or group NPDES permit issued for stormwater discharge from the construction site or any additional requirement imposed by or under this chapter. Also, if at any time the city engineer or other designee of the city manager determines that the SDPCP is not being fully implemented, the city may similarly deny approval of any building permit, grading permit, subdivision plat, site development plan or any other city approval necessary to commence or continue construction, or to assume occupancy, at the site.
g. All contractors and subcontractors identified in a SDPCP shall sign a copy of the following certification statement before conducting any professional service identified in the SDPCP:
I certify under penalty of Law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) permit that authorizes the stormwater discharges associated with industrial activity from the construction site identified as part of this certification.
The certification must include the name and title of the person providing the signature; the name, address, and telephone number of the contracting firm; the address (or other identifying description) of the site; the date the certification is made.
h. The SDPCP, with the registered professional engineer's signature and seal affixed, and the certifications of contractors and subcontractors required by Section 15.20.130(C)(7), and with any modifications attached, shall be retained at the construction site from the date of commencement of construction through the date of final stabilization.
i. The operator shall make the SDPCP and any modification thereto available to the city upon request.
j. The city may notify the operator at any time that the SDPCP does not meet the requirements of the construction general permit, any applicable individual or group NPDES permit issued for stormwater discharges from the construction site, or any additional requirement imposed by or under this chapter. Such notification shall identify those provisions of the permit or chapter which are not being met by the SDPCP, and identify which provisions of the SDPCP require modifications in order to meet such requirements. Within seven days of such notification from the city (or as otherwise provided by the city), the operator shall make the required changes to the SDPCP and shall submit to the city a written certification that the requested changes have been made.
k. The operator shall amend the SDPCP whenever there is a change in design, construction, operation, or maintenance of the site, which has a significant effect on the potential for the discharge of pollutants to the potential for the discharge of pollutants to the MS4 or the waters of the United States, and which has not otherwise been addressed in the SDPCP, or if the SDPCP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges associated with construction activity. In addition, the SDPCP shall be amended to identify any new contractor that will implement a measure in the SDPCP.
l. Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least once a month and within twenty-four hours of the end of a rainfall event that is 0.5 inches or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the SDPCP shall be observed by the operator to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking on a daily basis.
m. Based on the results of the inspections required by subsection (C)(2)(l) of this section, the site description and the pollution prevention measures identified in the SDPCP shall be revised as appropriate, but in no case later than seven calendar days following the inspection. Such modifications shall provide for timely implementation of any changes to the SDPCP within seven calendar days following the inspection.
n. A report summarizing the scope of any inspection required by subsection (C)(2)(l) of this section, and the name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the SDPCP, and actions taken in accordance with subsection (C)(2)(m) of this section shall be made and retained as part of the SDPCP for at least three years from the date that the site is finally stabilized. Such report shall identify any incidence of noncompliance. Where a report does not identify any incidence of noncompliance, the report shall contain a certification that the facility is in compliance with the SDPCP, the facility's NPDES permit, and this chapter. The report shall be certified and signed by the person responsible for making it.
o. The operator shall retain copies of any SDPCP and all reports required by this chapter or by the NPDES permit for the site, and records of all data used to complete the NOI, for a period of at least three years from the date that the site is finally stabilized.
p. Where a site has been finally stabilized and all stormwater discharges from construction activities that are authorized by this chapter and by the NPDES permit for those construction activities are eliminated, or where the operator of all stormwater discharges at a facility changes, the operator of the construction site shall submit to the city a notice of termination (NOT) that includes the information required for notices of termination by Part VIII of the construction general permit.
q. Upon final stabilization of the construction site, the owner (or the duly authorized representative thereof) shall submit written certification to the city that the site has been finally stabilized. (See definition of final stabilization in this chapter). The city may withhold an occupancy or use permit for any premises constructed on the site until such certification of final stabilization has been filed and the city has determined, following any appropriate inspection, that final stabilization has, in fact, occurred and that any required permanent structural controls have been completed.
(Ord. 13477 § 1 (part), 1998) (Ord. No. 17393, § 14, 8-24-2010, eff. 9-1-2010; Ord. No. 17743, § 1, 3-6-2012; Ord. No. 17808, § 11, 6-5-2012, eff. 6-11-2012; Ord. No. 019760, § 1, 7-22-2025)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT15PUSE_CH15.20STMA_15.20.110STDICOACFetched: 10/28/2026