ARANSAS COUNTY NAVIGATION DISTRICT

ORDINANCE NO. 07-22-2024A

STORMWATER DISCHARGE ORDINANCE

AN ORDINANCE PROHIBITING UNAUTHORIZED DISCHARGE OR DIVERSION OF STORMWATER INTO CERTAIN WATERWAYS OR RELATED FACILITIES LOCATED WITHIN THE DISTRICT AND AUTHORIZING THE IMPOSITION OF FEES, CHARGES, TOLLS, AND PENALTIES FOR SUCH ACTIVITY

WHEREAS, under Texas law the purposes of the Aransas County Navigation District  (the “District”) are stated as: a) the improvement, preservation, and conservation of inland and coastal water for navigation; b) control and distribution of stormwater in aid of navigation; and c) performance of any other purposes necessary or incidental to the navigation of inland and coastal water or in aid of such purposes, as stated in Article XVI, Section 59, of the Texas Constitution;

WHEREAS, by law the District also is empowered to act as a governmental agency and body politic and corporate with the powers of government and with the authority to exercise the rights, privileges, and functions that are essential to the accomplishment of the purposes stated hereinabove;

WHEREAS, by law the District also is to exercise absolute power and control over channels or waterways within the District, including but not limited to turning basins, yacht basins, and storage basins; and the District may prevent or remove any obstructions of these facilities and fix and collect fees, charges, and tolls for their use;

WHEREAS, distribution, diversion or control of stormwater runoff into District waterways and related facilities and related volumes, flooding, stream, watercourse or waterway channel erosion, soil erosion, sedimentation, and nonpoint source pollutants constitute a use of District waterways and related facilities and pose a threat to safe and efficient navigation of District waterways and activities incidental thereto;

NOW THEREFORE, pursuant to its essential rights, privileges, and functions necessary to fulfill its statutory purposes and powers, the District adopts this ordinance for the purpose of controlling and distributing stormwater and floods and enhancing public health and safety, to the extent necessary to aid in navigation and support of any lawful purposes incidental to such navigation;

BE IT ORDAINED BY THE NAVIGATION AND CANAL COMMISSIONERS OF THE ARANSAS COUNTY NAVIGATION DISTRICT:

1.    Discharge or diversion of stormwater by any person, entity or organization, by any means to include a stormwater drainage system, into the waters of the District known as Little Bay, Rockport Harbor, Fulton Harbor or Cove Harbor that is not expressly authorized by the District, is prohibited.

2.    Intentional and unintentional discharges or diversion of stormwater, by any means to include a stormwater drainage system, into the waters of the District known as Little Bay, Rockport Harbor, Fulton Harbor or Cove Harbor without obtaining District authorization shall constitute an unauthorized use of District navigable waterways or related facilities.

3.    In the event of any such authorized discharge or diversion, the District may assess a charge, fee or toll on account of such use, as the same may be fixed by separate order.

4.    In the event of any such unauthorized discharge or diversion, the District may assess a penalty, in addition to any applicable charge, fee or toll on account of such use.

5.    Any charge, fee, toll, or other penalty shall be fixed by separate order approved by the District. Charges, fees, tolls or penalties imposed by the District may vary by location or facility within the District, and may take into consideration any other facts or circumstances reasonably related to development or implementation of the same order.

6.    Authorization for discharge or diversion of stormwater covered by this ordinance may be obtained by permit issued by the District, as set forth hereinbelow:

a.    Any organization or person seeking a stormwater discharge or diversion permit shall submit to the District’s Harbor Master a permit application containing the material and information required by the District (as published by the District from time to time). Applications for permits may only be filed during regular business hours.

b.    The fee for review of any permit application shall be fixed and published by the District, from time to time, based on the reasonably anticipated cost of review.

c.     Within 30 business days of the receipt of a complete permit application, including all documents as required by this ordinance, the District’s Harbor Master shall make an initial determination and inform the applicant whether the application is approved or disapproved.

d.    If the application is approved, any applicable permit(s) shall be issued. If the application is not approved, the applicant may appeal the decision to the Commission, whose decision on appeal shall be final. An appeal must be filed with the office of the District Harbor Master within 15 business days of the initial decision.

e.    Permits issued under this section shall be valid, subject to any stated conditions in the permit, from the date of issuance to the later date stated therein.

f.      Concurrent with the submission of any application required hereunder, any applicant may request an initial no action determination by the District Harbor Master that the discharge or diversion activity has minimal or no reasonably foreseeable impact or effect on navigation of the waterways of the District, or any activities incidental to such navigation. Upon submission of any such request, the District shall promptly determine if any action is required upon the application and notify the applicant within 15 days business days of the receipt of the application and request. Any no action determination by the District shall be binding upon the District and the applicant, and serve as authorization of the discharge or diversion in issue.

g.    Discharge or diversion of stormwater directly from any single-family residence into the waters covered by this ordinance is authorized and  deemed minimal or of no impact and no application for permit or determination of no impact shall be required.

7.    Any person, entity or organization that violates the provisions of this Ordinance may be subject to fees and charges fixed by the District for use of any waterway or related facility, and civil penalties as set forth in Chapter 7 of the Texas Water Code. Penalties ranging from $50 to $25,000 for each day of violation may be imposed pursuant to Section 7.102 of the Water Code.

8.    Any person, entity or organization that violates the provisions of this ordinance, and whose actions cause any harm to the waters within the District or to any property situated within the District’s waters or property, may also be required to restore waterways or related facilities within the District to their undisturbed condition and to pay any damages to third parties. The District may also take any necessary corrective action, and any such associated cost shall become an obligation of the violator.

9.    This ordinance is not intended to interfere with, abrogate, or annul any state or national ordinance, rule or regulation, or statute. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for the waterways and other facilities of the District shall take precedence. The requirements of this ordinance shall be interpreted to the extent possible to give effect both to its terms and to any other ordinance, rule, statute or other provision of law that is more restrictive.

10. If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of this ordinance.

11. This ordinance shall take effect after publication of notice under applicable provisions of the Texas Water Code.

12. By adoption of this ordinance, the District adopts applicable provisions of Subchapter C, Chapter 60, Title 4, Texas Water Code, to the extent required by law.

13. Any dispute or question concerning the extent or limits of the waters covered by this ordinance shall initially be determined by the District’s Harbor Master.  Appeal of any such determination may be made to the Commission of the District. A decision of the Commission shall be final.  

14.   No action to enforce any applicable charge, fee, toll, or penalty permitted under authority of this ordinance shall be made or taken until such time as the District has adopted a separate applicable charge, fee, toll, or penalty order as provided herein, and any publication of notice of adoption of such order as may be required by law.

Approved the ___ day of ___________, 2024.

_________________________________

Chairman

Aransas County Navigation District

Attest: ______________________

            Secretary

            Aransas County Navigation District