(a) 
The director, or authorized representative, shall have the right to enter the premises of any person discharging stormwater to the municipal separate storm sewer system (MS4) 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 director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and for the performance of any additional duties. Dischargers shall make available to the director, upon request, any SWPPPs, modifications thereto, self-inspection reports, monitoring records, compliance evaluations, notices of intent and any other records, reports and other documents related to compliance with this article and with any state or federal discharge permit.
(b) 
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 director or authorized representative will be permitted to enter without delay for the purposes of performing his responsibilities.
(c) 
The director 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.
(d) 
The director may require any discharger to the MS4 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.
(e) 
The director 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 and quality shall be calibrated to ensure their accuracy.
(f) 
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 director and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
(g) 
Unreasonable delays in allowing the director access to the discharger’s premises shall be a violation of this article.
(1998 Code, sec. 113-11; Ordinance 2010-05-003, sec. 2 (113-11), adopted 7/20/10; 2013 Code, sec. 48-88)
If the director, or authorized representative, has been refused access to any part of the premises from which stormwater is discharged, and they are able to demonstrate probable cause to believe that there may be a violation of this article or any state or federal discharge permit, limitation, or requirement, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director may seek issuance of a search warrant from any court of competent jurisdiction. For purposes of this section, the director of community development, the city engineer, the director of public works, the director of parks and the duly authorized representatives of these city departmental directors are declared to be “health officers,” as that term is used in Texas C.C.P. article 18.05.
(1998 Code, sec. 113-12; Ordinance 2010-05-003, sec. 2 (113-12), adopted 7/20/10; 2013 Code, sec. 48-89)
(a) 
Citizen reports.
All citizens are encouraged to report any spills, releases, illicit connections, other instances of anyone discharging pollutants into the MS4 or waters of the United States, and any other violation of this article of which they become aware, to the director, his delegate, or any person designated by the city manager to receive such citizen reports.
(b) 
Methods of citizen reports.
Such citizen reports may be made by telephone, in writing, or in person. A written record of each citizen report to the city will be prepared and kept on file for a period of three years, and a copy of the city’s record of the report will be furnished to the reporting citizen upon request. Also, upon request, the building official or other responsible city official will inform the reporting citizen of any action undertaken by the city in response to the citizen’s report.
(c) 
Reports by owners and operators.
The operator and the owner of any commercial or industrial activity shall report any spills, releases, illicit connections, or other instances where pollutants are discharged into the MS4 or waters of the United States and any other violation of this article for which they are responsible to the director or delegate, or any person designated by the city manager to receive such reports.
(d) 
Reporting requirements.
The operator and the owner of any commercial or industrial activity shall report all incidents enumerated in subsection (c) of this section, in accordance with the following:
(1) 
A hazardous and/or toxic material spill or release shall be immediately reported to the city fire department.
(2) 
Other instances where pollutants are discharged into the MS4 or waters of the United States by spill, release, illicit connections or other means shall be reported to the building official.
(e) 
Notification responsibilities of operators and owners.
Both the operator and the owner of any commercial or industrial activity which has resulted in a spill or release of hazardous/toxic materials or a substance of a polluting nature is responsible for proper notification of the incident to the appropriate county, state, and federal agency. The reporting of a spill/release to the city does not release the owner or operator from reporting to appropriate county, state and federal officials. Thus, dependent on the type of release and the nature of the emergency caused thereby (i.e., life threatening or not), the following agencies, in addition to the building official, are specified to be notified:
(1) 
City fire department;
(2) 
City police department;
(3) 
City street division;
(4) 
State commission on environmental quality; and
(5) 
U.S. Environmental Protection Agency.
(1998 Code, sec. 113-13; 2013 Code, sec. 48-90; Ordinance 2010-05-003, sec. 2 (113-13), adopted 7/20/10)
When the director finds that any person has violated, or continues to violate, any provision of this article or any order issued hereunder, the director may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this section shall limit the authority of the director to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
(1998 Code, sec. 113-14; Ordinance 2010-05-003, sec. 2 (113-14), adopted 7/20/10; 2013 Code, sec. 48-91)
When the director finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the director may serve upon that person a written notice of violation. Within ten calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention of reoccurrence thereof, to include specific required actions, shall be submitted by the alleged violator to the director. If the alleged violator denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the director within ten calendar days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation. The director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance with any provision in this article or any order issued hereunder. Such documents may include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this division and shall be judicially enforceable.
(1998 Code, sec. 113-15; Ordinance 2010-05-003, sec. 2 (113-15), adopted 7/20/10; 2013 Code, sec. 48-92)
The director may order any person who has violated, or continues to violate, any provision of this article, or any order issued hereunder, to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the alleged violator specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the alleged violator show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any authorized representative of the alleged violator. The hearing shall be conducted pursuant to the rights and procedures specified in section 7.07.101(g). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator.
(1998 Code, sec. 113-16; Ordinance 2010-05-003, sec. 2 (113-16), adopted 7/20/10; 2013 Code, sec. 48-93)
When the director finds that any person has violated, continues to violate, or threatens to violate any provision of this article, or any order issued hereunder, the director may issue an order to the violator directing that the violator come into compliance within a specified time limit, prior to commencement or continuance of operation, or immediately. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the MS4 and waters of the United States. A compliance order may not extend the deadline for compliance established by a state or federal standard or requirement, nor does a compliance order relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(1998 Code, sec. 113-17; Ordinance 2010-05-003, sec. 2 (113-17), adopted 7/20/10; 2013 Code, sec. 48-94)
When the director finds that a person has violated, or continues to violate, any provision of this article, or any order issued hereunder, and that such violation has adversely affected the MS4 or the waters of the United States, the director may issue an order to the violator directing them to undertake and implement any appropriate action to remediate and/or abate any adverse effects of the violation upon the MS4 or the waters of the United States, and/or to restore any part of the MS4 or the waters of the United States. Such remedial, abatement, and restoration action may include, but not be limited to, monitoring, assessment and evaluation of the adverse effects and determination of the appropriate remedial, abatement, and/or restoration action; confinement, removal, cleanup, treatment and disposal of any discharged or released pollution or contamination; prevention, minimization, and/or mitigation of any damage to the public health, welfare, or the environment that may result from the violation; and restoration or replacement of city property or natural resources damaged by the violation. The order may direct that the remediation, abatement, and/or restoration be accomplished on a specified compliance schedule and/or be completed within a specified period of time. An order issued under this section does not relieve the violator of liability for any violation, including any continuing violation. Issuance of an order under this section shall not be a bar against, or a prerequisite for, taking any other action against any responsible party.
(1998 Code, sec. 113-18; Ordinance 2010-05-003, sec. 2 (113-18), adopted 7/20/10; 2013 Code, sec. 48-95)
(a) 
When the director finds that any person has violated, continues to violate, or threatens to violate any provision of this article, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation, or threatened violation, has caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the director may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
(1) 
Immediately comply with all requirements of this article; and
(2) 
Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
(b) 
Any person notified of an emergency order directed to it under this section shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the director may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. The director may allow the person to commence or recommence its discharge when it has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this article. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the director within ten calendar days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or prerequisite for, taking any other action against the violator.
(1998 Code, sec. 113-19; Ordinance 2010-05-003, sec. 2 (113-19), adopted 7/20/10; 2013 Code, sec. 48-96)
Whenever the director finds that any operator of a construction site has violated, threatens to violate, or continues to violate any provision of division 2 of this article, or any order issued hereunder, the director may issue a stop work order to the operator, and require that a copy of the stop work order be posted at the construction site and distributed to all city departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the director, the stop work order shall prohibit any further construction activity, or any commencement of construction activity, at the site and shall bar any further inspection or approval by the city associated with a building permit, grading permit, or any other city approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(1998 Code, sec. 113-20; Ordinance 2010-05-003, sec. 2 (113-20), adopted 7/20/10; 2013 Code, sec. 48-97)
(a) 
Petition for reconsideration.
Any person subject to a compliance order under section 7.07.097, a remediation, abatement or restoration order under section 7.07.098, an emergency cease and desist order under section 7.07.099, or a stop work order under section 7.07.100 may petition the director to reconsider the basis for his order within 15 calendar days of the affected person’s notice of issuance of such an order.
(b) 
Failure to submit petition deemed waiver.
Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order.
(c) 
Enumeration of objectives.
In its petition, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection, any facts that are contested, the evidence that supports the petitioner’s view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning party requests a hearing on its petition.
(d) 
Effect of director’s orders.
The effect of any compliance order under section 7.07.097, a remediation, abatement, or restoration order under section 7.07.098, and any stop work order under section 7.07.100 shall be stayed pending the director’s reconsideration of the petition, and any hearing thereon, unless the director expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under section 7.07.099 shall not be stayed pending the director’s reconsideration, or any hearing thereon, unless the director expressly and in writing stays his emergency order.
(e) 
Action by director; time limit.
Within 30 calendar days of the submittal of a petition for reconsideration, the director shall grant the petition and withdraw or modify the order accordingly, deny the petition without a hearing if no material issue of fact is raised, or, if a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition.
(f) 
Service of notice of hearing.
Written notice of any hearing set by the director pursuant to subsection (e) of this section shall be served on the petitioning party personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party.
(g) 
Conduct of hearing.
The director may conduct the hearing and take evidence, or may designate any employee of the city or any specially designated attorney or engineer to:
(1) 
Issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing;
(2) 
Take evidence;
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the director for action thereon.
At any hearing held pursuant to this section, testimony taken shall be under oath and recorded. Any party is entitled to present his case or defense by oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof.
(h) 
Action upon review of evidence.
After the director has reviewed the evidence, he shall:
(1) 
Grant the petition;
(2) 
Deny the petition; or
(3) 
Grant the petition in part and deny it in part.
The director may modify his order as is appropriate based upon the evidence and arguments presented at the hearing and his action on the petition. Further orders and directives as are necessary and appropriate may be issued.
(1998 Code, sec. 113-21; Ordinance 2010-05-003, sec. 2 (113-21), adopted 7/20/10; 2013 Code, sec. 48-98)
Any person who remains adversely affected by the director’s order after petitioning for reconsideration pursuant to section 7.07.101, or who is subject to an order of the director issued following a show cause hearing under section 7.07.096, may challenge the final action of the director in an appropriate court of competent jurisdiction.
(1998 Code, sec. 113-22; Ordinance 2010-05-003, sec. 2 (113-22), adopted 7/20/10; 2013 Code, sec. 48-99)
(a) 
Whenever it appears that a person has violated, or continues to violate, any provision of this article that relates to:
(1) 
The preservation of public safety relating to the materials or methods used in construction of any structure or improvement of real property;
(2) 
The preservation of public health or to the fire safety of a building or other structure or improvement;
(3) 
The establishment of criteria for land subdivision or construction of buildings, including street design;
(4) 
Dangerously damaged or deteriorated structures or improvements;
(5) 
Conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or
(6) 
Point source effluent limitations or the discharge of a pollutant, other than from a nonpoint source, into the MS4;
the city may invoke Texas Local Government Code sections 54.012–54.017 and petition the state district court or the county court at law of the county, through the city attorney, for either the injunctive relief specified in subsection (b) of this section or the civil penalties specified in subsection (c) of this section, or both the specified injunctive relief and civil penalties.
(b) 
Pursuant to Texas Local Government Code section 54.016, the city may obtain against the owner or the operator of a facility a temporary or permanent injunction, as appropriate, that:
(1) 
Prohibits any conduct that violates any provision of this article that relates to any matter specified in subsection (a) of this section; or
(2) 
Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to any matter specified in subsection (a) of this section.
(c) 
Pursuant to Texas Local Government Code section 54.017, the city may recover a civil penalty of not more than $1,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsections (a)(1) through (5) of this section, and a civil penalty of not more than $5,000.00 per day for each violation of any provision of this article that relates to any matter specified in subsection (a)(6) of this section, if the city proves that:
(1) 
The defendant was actually notified of the provisions of this article; and
(2) 
After the defendant received notice of the provisions of this article, the defendant committed acts in violation of this article or failed to take action necessary for compliance with this article.
(1998 Code, sec. 113-23; Ordinance 2010-05-003, sec. 2 (113-23), adopted 7/20/10; 2013 Code, sec. 48-100)
(a) 
Violation of regulations.
Any person, firm, or corporation violating any of the provisions or terms of this article, any code adopted herein, or any order issued pursuant to this article shall be deemed guilty of a misdemeanor and, upon conviction, be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(b) 
Other offenses.
Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this article, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(c) 
Determination of amount of fine.
In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.
(d) 
Culpable mental state.
The requirement for establishing a culpable mental state for criminal prosecutions under this article shall be met by a showing of criminal negligence.
(1998 Code, sec. 113-24; Ordinance 2010-05-003, sec. 2 (113-24), adopted 7/20/10; 2013 Code, sec. 48-101; Ordinance adopting 2021 Code)
Whenever it appears that a violation or threat of violation of any provision of Texas Water Code section 26.121, or any rule, permit, or order of the state commission on environmental quality, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the state commission on environmental quality, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties, or both, authorized in Texas Water Code sections 7.031 and 7.032, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to Texas Water Code section 7.351. In any suit brought by the city under this section, the state commission on environmental quality is a necessary and indispensable party.
(1998 Code, sec. 113-25; Ordinance 2010-05-003, sec. 2 (113-25), adopted 7/20/10; 2013 Code, sec. 48-102)
The remedies provided for in this article are not exclusive of any other remedies that the city may have under state or federal law or other city ordinances. The city may take any, all, or any combination of these actions against a violator. The city is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.
(1998 Code, sec. 113-26; Ordinance 2010-05-003, sec. 2 (113-26), adopted 7/20/10; 2013 Code, sec. 48-103)
The director may, by written notice, order any owner or operator of a source of stormwater discharge associated with construction or industrial activity to file a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance with this article, any order issued hereunder, any required best management practice, and/or any SWPPP provision, and/or to achieve final stabilization of the site. The city may deny approval of any building permit, grading permit, subdivision plat, site development plan, or any other city permit or approval necessary to commence or continue construction or any industrial activity at the site, or to assume occupancy, until such a performance or maintenance bond has been filed.
(1998 Code, sec. 113-27; Ordinance 2010-05-003, sec. 2 (113-27), adopted 7/20/10; 2013 Code, sec. 48-104)
The director may, by written notice, order any owner or operator of a source of stormwater discharge associated with construction or industrial activity to submit proof that it has obtained liability insurance, or other financial assurance, in an amount greater than or equal to a value determined by the director, that is sufficient to remediate, restore, and abate any damage to the MS4, the waters of the United States or any other aspect of the environment that is caused by the discharge.
(1998 Code, sec. 113-28; Ordinance 2010-05-003, sec. 2 (113-28), adopted 7/20/10; 2013 Code, sec. 48-105)
A violation of any provision of this article, or any order issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating a public nuisance shall be subject to the nuisance regulations of this code.
(1998 Code, sec. 113-29; Ordinance 2010-05-003, sec. 2 (113-29), adopted 7/20/10; 2013 Code, sec. 48-106)