The city engineer’s office shall have the right to enter the premises of any person discharging stormwater to the municipal separate storm sewer system (MS4) and/or to waters of the United States to determine if the discharger is complying with all requirements of this article, and with any state or federal discharge permit, limitation, or requirement. Dischargers shall allow the city engineer ready access to all parts of the premises for the purposes of inspection, sampling, records examination, photo recording and copying, and for the performance of any additional duties. Dischargers shall make available to the city engineer, upon request, any pollution control measures or modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent, and any other records, reports, or documents related to compliance with this article and with any state or federal discharge permit.
(a) Where a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city engineer or his authorized representatives will be permitted to enter without delay for the purposes of performing his/her responsibilities.
(b) The city engineer or his authorized representatives shall have the right to set up on the discharger’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the discharger’s operations.
(c) The city engineer or his authorized representatives may require any discharger to the MS4 and/or waters of the United States to conduct specified sampling, testing, analysis, and other monitoring of its stormwater discharges, and may specify the frequency and parameters of any such required monitoring.
(d) The city engineer or his/her authorized representatives may require the discharger to install monitoring equipment as necessary at the discharger’s expense. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow, wastewater and quality shall be calibrated to ensure their accuracy.
(e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the discharger at the written or verbal request of the city engineer or his authorized representatives and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
(f) Unreasonable delays in allowing the city engineer or his authorized representatives access to he discharger’s premises shall be a violation of this article.
Sec 33-371- Violations and noncompliance
(a) A penalty is hereby established whereby any person who shall violate any provision of this article shall be deemed to be guilty of a misdemeanor and shall upon conviction be fined a minimum amount of not less than five hundred dollars ($500.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation.
(b) Each day of violation and each violation of a particular section of this article shall constitute a separable offense for purposes of the city’s enforcement of this article.
(c) A culpable mental state is not required to prove an offense under this article. Upon the written certification by the city engineer of the violation of any section of this article, the city attorney is authorized to petition any court of competent jurisdiction for an injunction to enjoin the continuance of such violation. This remedy shall be cumulative of and to all other enforcement powers granted to the city by the terms of its Charter or any ordinance, or by the laws of the state. No provision of this article is intended, nor shall any part or portion hereof be construed so as to conflict with the Texas Water Code, state regulations, or federal regulations. If any provision of this article or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this article and the application of such provision to other persons and circumstances shall nevertheless be valid, and the city council hereby declares that this article would have been enacted without such invalid provision. If compliance is not achieved to the city’s satisfaction, the city may, at its discretion, report the noncompliance to the EPA, the TNRCC, the USGS, the U.S. Wildlife and Fisheries, the U.S. Army Corps of Engineers, or any other state or federal agency for further action.
