The control authority may require any person, whether or not they are required by federal or state rules and regulations, to develop and maintain a SWPPP and/or implement BMPs, approved by the control authority, that prevent or minimize the discharge of pollutants into or adjacent to, water within the state. The SWPPP shall be made readily available to the control authority, upon request.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
All persons required by federal or state regulation or this article to submit documents, pertaining to discharges of stormwater or accidental discharges into the local MS4, shall submit all applicable documents to the following mailing address:
City of Midlothian
Engineering Department
104 West Avenue E
Midlothian, Texas 76065
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
Spill containment.
The control authority may require any person to implement spill containment measures for storage and use of any substance it deems a potential threat to the MS4 or the environment should such substance be discharged. Such spill containment measures shall be provided and maintained at the person’s own expense. Upon notification from the control authority that containment measures are required, the person shall develop and submit detailed plans, showing facilities and operating procedures to provide this protection, to the control authority for review. The control authority shall approve all required spill containment measures, prior to installation or implementation. Review and approval of such plans shall not relieve the person from the responsibility to modify the facility as necessary to meet the requirements of this article.
(b) 
Notification and remedies.
In the event of any discharge into the MS4 or water within the state, it is the responsibility of the responsible party to notify the control authority immediately, in addition to the appropriate federal and state agencies. The responsible party shall implement containment and cleanup activities immediately at the owner’s expense. The notification shall include location of the discharge, type of material discharged, concentration and volume, and corrective action. Within five (5) calendar days following a discharge, the person shall submit to the control authority a detailed written report describing the cause of the discharge and measures to be taken to prevent similar future occurrences. Such notification shall not relieve the person of any expense, loss, damage or other liability which may be incurred as a result of damage to the MS4, fish kills, or any other damage to persons or property, nor shall such notification relieve the person of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law. The initial notification shall be made using the following contact information:
City of Midlothian - Engineering Department
(during normal business hours (972) 775-7199)
After Hours Reporting - Nonemergency Police Line
(972) 775-3333 ask for Utilities On-Call
(c) 
Notice to employees.
A notice should be permanently posted on the person’s bulletin board or other prominent place advising employees whom to call in the event of a discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedure.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
The control authority may randomly sample and analyze the stormwater runoff from any facility within the city and conduct surveillance activities in order to identify, independent of information supplied by the person or persons, occasional and continuing noncompliance with stormwater requirements of the state or this article.
(b) 
The control authority shall investigate instances of noncompliance with stormwater requirements, as indicated in required reports, analytical results, and surveillance activities. Noncompliance investigations may require that the control authority conduct an inspection of the facility in noncompliance.
(c) 
Collection of information by the control authority shall be performed with sufficient care to produce evidence admissible in enforcement proceedings or judicial actions.
(d) 
All sampling and analysis shall be performed in accordance with procedures established by the EPA Administrator pursuant to section 304(h) of the Clean Water Act and 40 CFR, part 136 and amendments thereto.
(e) 
The control authority may select an independent firm or laboratory to determine stormwater or nonstormwater constituents. Chain of custody procedures shall be followed.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
General procedure.
Each noncompliance with federal, state or local regulations may result in the person receiving a verbal notice and/or written notice of violation. A written notice of violation shall require that the person respond, in writing, to the control authority within 15 working days from the date of the notice of violation.
(b) 
Enforcement actions.
(1) 
In addition to the notice set forth in subsection (A) of this section, noncompliance may result in enforcement actions by the control authority, including, but not limited to:
(A) 
Issuance of a warning citation;
(B) 
Issuance of a citation;
(C) 
Recommendation for the denial, suspension, or revocation of a development permit, building permit or any other city permit or approval necessary to commence or continue construction or to assume occupancy.
(2) 
The control authority shall determine the level of enforcement needed to promote compliance.
(c) 
Discharge constituting an imminent or substantial endangerment.
The control authority may, by use of all legal means available, stop an actual or threatened discharge by verbal order to cease discharge if, in the opinion of the control authority, the discharge presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment or which may be in violation of federal, state or local regulations. If the person does not voluntarily comply with the order to cease discharge, the control authority shall take such steps as deemed necessary to prevent or minimize damage to the MS4 or environment or endangerment to the public. Prior to resuming activity, the person shall demonstrate to the control authority that permanent corrective measures have been taken to prevent reoccurrences of the offense. Any cost incurred by the control authority for sampling, analysis, assessment or remediation may be recovered from the person, or its authorized representative.
(d) 
Discharge of hazardous waste.
Hazardous waste as defined by the Resource Conservation and Recovery Act is prohibited from entering the MS4. A person shall notify the control authority, the EPA Regional Waste Management Division Director, and the state hazardous waste authorities, in writing, of any discharge into the MS4 of a substance, which, if otherwise disposed of, would be hazardous waste under 40 CFR part 261, in accordance with 40 CFR 403.12 (p).
(e) 
Fraud and false statements.
The reports and other documents required to be submitted or maintained, under this section shall be subject to:
(1) 
The provisions of U.S.C. section 1001 relating to fraud and false statements;
(2) 
The provisions of section 309(c)(4) of the Clean Water Act, 33 U.S.C. section 1319(c)(4), as amended, governing false statements, representation, or certification;
(3) 
The provisions of section 309(c)(6) of the Clean Water Act, 33 U.S.C. section 1319(c)(6), as amended, regarding responsible corporate officials; and
(4) 
Any false or fraudulent statements made by persons required to submit documents in accordance with section 13.09.122 (submission of documents) of this article.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
The city council may adopt charges and fees, by separate ordinance, which may include:
(1) 
Fees for reimbursement of costs of implementing the city’s stormwater management;
(2) 
Fees for inspection, investigation, sampling and surveillance procedures;
(3) 
Fees for reviewing accidental discharge procedures, SWPPPs, and construction plans; and
(4) 
Other fees as the city may deem necessary to carry out the requirements contained herein.
(b) 
These fees relate solely to the matters covered by this article and are separate from all other applicable fees chargeable by the city.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
The control authority shall have access to, and the right to inspect and copy, any and all persons’ records which pertain to that person’s discharge to the MS4, disposal and/or generation of hazardous waste and discharges into the environment. The person shall be required to retain records of all information resulting from any monitoring or reporting activity required by these regulations for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation regarding the person or MS4 or when requested by the permitting authority or control authority.
(b) 
The constituents and characteristics of stormwater discharged by a facility to a MS4 shall not be considered confidential and shall be available to the public without restriction. Other information obtained from reports, questionnaires, permits, monitoring programs and inspections shall be available to the public without restriction unless the person specifically requests, in writing, at the time the information is known to be obtained by the control authority, that the information is to be considered confidential. Information submitted to the control authority by the person shall be stamped “Confidential Information” on each page containing such information that the person wishes to be held confidential. If a claim of confidentiality is asserted, the control authority shall determine if such information may be held confidential in accordance with 40 CFR part 2 (public information). If the person does not claim the information as confidential at the time the control authority obtains the information, it will be available to the public without further notice.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
Any person who knowingly makes any false statements, representation or certification in any application, notice, record, report, plan or other document filed or required to be maintained pursuant to this article, or any TPDES or NPDES permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, may be punished by a fine and may be subject to prosecution.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
No unauthorized person shall intentionally, knowingly, recklessly or by criminal negligence, cause damage to, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment, which is part of the MS4. Any person violating this provision shall be subject to prosecution.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
Any industrial user, developer or other entity holding a TPDES permit under this article or discharging post construction stormwater runoff into the city’s MS4 hereby consents to the control authority and other duly authorized employees of the city bearing proper credentials and identification in accordance with 33 U.S.C. section 1318(a)(4)(B)(i-ii) are entitled to:
(1) 
Enter any public or private property at any reasonable time for the sole purpose of enforcing this article; and
(2) 
Enter all private property through which the city holds an easement for the purpose of inspection, observation, measurement, sampling, maintenance or repair.
(b) 
All activities conducted under this authority shall be in full accordance with all applicable terms, rules and regulations pertaining to safety and security.
(c) 
If the control authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety, or welfare of the community, the control authority may seek issuance of a search warrant from the appropriate judicial authority.
(d) 
Except when caused by negligence or failure of the person to maintain safe conditions, the city shall indemnify the person against loss or damage to its property by city employees through the course of their activities when representing the city, and against liability claims and demands for personal injury or property damage asserted against the person.
(e) 
No person acting under authority of this provision may inquire into any area not having direct or potential impact on the kind and source of a discharge to the MS4, disposal and/or generation of hazardous waste and discharges into the environment, except as provided in section 13.09.127 (access to records) of this article.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
If any person discharges, permits or causes to be discharged prohibited discharges, as defined in section 13.09.031, hazardous waste or other wastes in violation of article 26 of the Texas Water Code or into the MS4 contrary to the provisions of this article, state requirements, federal regulations, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief, including injunctive relief, in a court of competent jurisdiction.
(Ordinance 2016-01, ex. A, adopted 1/12/16)
(a) 
Definition of offense.
A person commits an offense if the person intentionally, knowingly, recklessly or by criminal negligence violates any provision of this article or any other order or permit issued hereunder and, upon conviction, shall be deemed to be guilty of a misdemeanor, punishable by a fine not to exceed two thousand dollars ($2,000.00), and each day that such violation continues shall constitute a separate offense.
(b) 
Liability of offenders.
Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. In addition to the penalties provided herein, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules and regulations issued hereunder.
(c) 
Restoration of lands.
Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the city may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(d) 
The control authority is further authorized to prosecute and seek all criminal and civil remedies in the various courts as set forth by the Texas Water Code and other applicable federal, state, and local criteria.
(Ordinance 2016-01, ex. A, adopted 1/12/16)