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Burleson, TX Environmental Rules: Stormwater Management (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing section
Burleson Code § 82-165 (general prohibition)
Core rule
Only stormwater may enter the MS4
Affirmative defense categories
14 listed in § 82-165(b)
Defense cutoff
15 calendar days after written notice from the director
Burden of proof
On the person responsible for the discharge
Enforcing official
City engineer (§ 82-162)
Civil penalty ceiling
$1,000 per day; $5,000 per day for MS4 pollutant discharge

Summary

In the City of Burleson, Texas, Code of Ordinances § 82-165 bars every discharge into the municipal separate storm sewer system (MS4) that is not composed entirely of stormwater. Fourteen listed categories, such as irrigation water and residential car washing, work as affirmative defenses, and the defense ends once a flow continues more than 15 calendar days after the director's written notice that it is a pollutant source.

(a) Non-stormwater discharges.No person shall introduce or cause to be introduced into the municipal separate storm sewer system (MS4) any discharge that is not composed entirely of stormwater. (b) Affirmative defense for violation of subsection (a).It is an affirmative defense to any enforcement action for violation of subsection A of this section, upon presentation of evidence by the discharger, that the discharge was composed entirely of one or more of the following categories of discharges: ... (4) Agricultural stormwater runoff; ... (6) A discharge or flow from lawn watering, landscape irrigation, or other irrigation water; ... (12) A discharge or flow from individual residential car washing (external surfaces only); ... (c) Determination of pollutant.No affirmative defense shall be available under subsection (b) of this section if the discharge or flow in question has been determined by the director to be a source of a pollutant or pollutants to the waters of the United States or to the MS4, written notice of such determination has been provided to the discharger, and the discharge has occurred more than 15 calendar days beyond such notice.

Full Breakdown

Article IV of Chapter 82 is the City of Burleson's stormwater pollution control article. Section 82-161 states its purposes: keeping contaminated runoff from industrial, commercial, residential, and construction sites out of the MS4 and natural waters, and helping the city meet state and federal stormwater requirements. Under § 82-162 the city engineer implements and enforces the article, except on public works projects, where the director of the city department running the project does so. Either official can delegate powers to other city personnel.

The core rule in § 82-165(a) is a flat prohibition: only stormwater goes into the MS4. Under § 82-165(b), a person charged with a violation can raise an affirmative defense by showing the discharge was composed entirely of one or more listed categories. The list includes firefighting flows, agricultural stormwater runoff, lawn watering and landscape irrigation, uncontaminated foundation, crawl space, and footing drain flow, individual residential car washing (external surfaces only), and street washing water free of soap, detergent, degreaser, and solvent. Section 82-165(d) puts the burden of proof on the person responsible for the discharge. Under § 82-165(c), the defense disappears once the director has determined that the flow is a pollutant source, has given written notice, and the discharge continues more than 15 calendar days afterward.

Section 82-166 adds specific bans that apply even to flows that look harmless. Banned substances include used motor oil, antifreeze, and other vehicle fluids, household hazardous waste, grease trap waste, garbage and yard waste, commercial carwash wastewater, ready-mixed concrete and mortar, swimming pool filter backwash, and runoff from animal pens. Section 82-166(e) prohibits connecting an interior floor drain to the MS4, and § 82-166(h) prohibits putting stormwater into the sanitary sewer. A retail dealer who sells more than 500 gallons of oil in containers a year to the public must post a used oil sign under § 82-166(g)(3).

Violations & Fines

The director can respond with a warning notice (§ 82-175), a notice of violation (§ 82-176), a show cause hearing, compliance orders, and emergency cease and desist orders. Under § 82-185 a violator is strictly liable and, on conviction, is fined as set in § 1-14: up to $500, or up to $2,000 for fire safety, zoning, or public health and sanitation provisions, with each day a separate offense. The city can also seek civil penalties of up to $1,000 per day, and up to $5,000 per day for a pollutant discharge into the MS4 (§ 82-184).

Frequently Asked Questions

Can I wash my car in my driveway in Burleson?
Section 82-165(b)(12) lists a discharge from individual residential car washing, external surfaces only, among the affirmative defenses. It is a defense rather than a permit, so the burden of proof sits with you under § 82-165(d). Wastewater from a commercial carwash facility is banned outright by § 82-166(c)(6).
Is runoff from lawn watering a violation in Burleson?
Section 82-165(b)(6) lists flows from lawn watering, landscape irrigation, and other irrigation water as a defense. The defense ends if the director determines in writing that the flow is a pollutant source and it continues more than 15 calendar days after notice. Section 82-166(f) also bars fertilizer use likely to send a harmful quantity into the MS4.
Who enforces the stormwater article in the City of Burleson?
The city engineer implements and enforces Article IV under § 82-162. On public works projects the director of the department administering, performing, or contracting for the project enforces it instead. Either official can delegate powers to other city personnel, and orders can be challenged through a petition for reconsideration under § 82-182.
Can I send stormwater into the sanitary sewer in Burleson?
No. Section 82-166(h) prohibits introducing any discharge of stormwater, polluted or unpolluted, into the sanitary sewer system. Section 82-166(e) separately bars connecting an interior floor drain or any other source of wastewater to the MS4, and bars letting an existing connection continue.

Sources & Official References

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