§ 34-806. Best management practices (BMP) guidelines; compliance with this subdivision should not be relied upon by the regulated community to automatically effect compliance with what may be more stringent federal or state regulations pertaining to EPA/TCEQ permitted construction sites; explanation of federal jurisdiction.

(a)

BMP applications recommended to responsible parties are those techniques described in TCEQ's "Technical Guidance on Best Management Practices," document no. RG-348, Revised July- 2005, as such document may be updated and revised, or when available, the city's technical guidance manual for construction activity.

(b)

Responsible parties are advised that the city's recognition of BMP and other good house-keeping protocols are not necessarily synonymous with federal standards directly associated with EPA's construction general permit for other construction sites regulated under federal law or the TCEQ's construction general permit. Some sites will be federally regulated construction sites while most construction sites will be permitted by the State of Texas under guidelines similar to those of EPA. Responsible parties whose projects of scale fall within state or federal parameters are responsible to EPA or TCEQ to fulfill requirements that may differ from or may be more stringent than the provisions of this article applying to local, individual construction sites of a scale not regulated by state or federal authorities.

(c)

In contrast, the purpose of this subdivision and its requirements for BMP are to satisfy the city's own state permit which specifically requires the city to adopt a construction site regulation. Consequently, the intent of this subdivision is to protect MS4 from pollutants generated from local construction sites. Federal and state jurisdiction to support this directive is found in the conduit of urban runoff traversing the San Antonio area into rivers, streams, and especially bays regulated as "waters of the United States of America'' and "waters of the State of Texas". Hence, storm water generated in the area of San Antonio may enter into and impact state and federal waters.

(Ord. No. 94002, § 1, 5-24-01; Ord. No. 2014-06-19-0472 , § 1(Exh. A), 6-19-14; Ord. No. 2019-02-14-0123 , § 1(Att. I), 2-14-19)

Editor's note

Ord. No. 2019-02-14-0123 , § 1(Att. I), adopted Feb. 14, 2019, amended § 34-806 and in so doing changed the title of said section from "Best management practices (BMP) guidelines; compliance with this subdivision should not be relied upon by the regulated community to automatically effect compliance with what may be more stringent federal or state regulations pertaining to EPA/TNRCC TCEQ permitted construction sites; explanation of federal jurisdiction" to "Best management practices (BMP) guidelines; compliance with this subdivision should not be relied upon by the regulated community to automatically effect compliance with what may be more stringent federal or state regulations pertaining to EPA/TCEQ permitted construction sites; explanation of federal jurisdiction," as set out herein.