(a) 
All owners or operators of facilities that have or will have storm water discharges associated with industrial activity that are subject to an NPDES storm water discharge permit shall comply with all provisions of such permit.
(b) 
All owners or operators of facilities that have or will have storm water discharges associated with industrial activity (except for construction activities) shall submit one of the following:
(1) 
A copy of the facility's signed NOI for a TPDES general permit relating to storm water discharges associated with industrial activity to the city manager not less than two calendar days prior to commencement of industrial activity at the facility.
(2) 
A copy of the facility's no exposure certification to the city manager not less than two calendar days prior to commencement of industrial activity at the facility.
(3) 
A copy of the facility's NPDES or TPDES application for an individual permit to discharge storm water not less than thirty calendar days prior to commencement of industrial activity at the facility.
(4) 
A copy of the facility's signed NOI for an NPDES general permit for discharges from ready-mixed concrete plants, concrete products plants and their associated facilities in Texas to the city manager not less than thirty calendar days prior to commencement of industrial activity at the facility.
(c) 
If the owner or operator of a facility becomes aware of a failure to submit relevant facts or that incorrect information has been submitted, a copy of the signed revised NOI shall be submitted to the city manager within fourteen calendar days of the discovery. If relevant information on the NOI or no exposure certification changes, a copy of the signed revised NOI shall be submitted within fourteen calendar days of the discovery.
(d) 
When the owner or operator of a facility changes or the facility moves to a new location or the industrial activity at the facility ceases operations, a copy of the signed NOT for the TPDES or NPDES general permit or no exposure exclusion shall be submitted to the city manager within fourteen calendar days of the change.
(e) 
Any owner of a facility with a storm water discharge associated with industrial activity, to which subsection (a) of this section applies, whether or not he/she is an operator of the facility, is jointly and severally responsible for compliance with this article.
(f) 
Upon request by the city manager, all owners and operators of any facility that is in noncompliance with the requirements of this article, the NPDES or TPDES general permit, the no exposure exclusion, or any applicable individual NPDES or TPDES permit issued for storm water discharges from the industrial facility shall consult with the city manager, any other representative of the city, or any third party designated by the city in an attempt to achieve compliance as soon as practicable. If compliance is not achieved to the city's satisfaction, the city may, in its discretion, report the noncompliance to EPA and/or the TCEQ, and/or the city may itself undertake any enforcement action authorized by this article. Exercise of the city's option for consultation under this subsection (f) shall not be a bar against, or prerequisite for, taking any other enforcement action against any owner or operator of the facility.
(Ordinance 1304, sec. 8-2.16, adopted 4/12/2010)
(a) 
The owner or operator of a facility operating with a no exposure exclusion shall not allow the following materials, equipment, processes, and areas to be exposed to precipitation or storm water runoff:
(1) 
Using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing, or cleaning industrial machinery or equipment remain;
(2) 
Materials or residuals on the ground or in storm water inlets from spills or leaks;
(3) 
Materials or products from past industrial activities;
(4) 
Material handling equipment, except non-leaking, maintained vehicles intended for outside use;
(5) 
Materials or products during loading, unloading, or transporting activities;
(6) 
Materials or products stored outdoors, except for final products that are intended for outside use and do not release a pollutant;
(7) 
Materials contained in open, deteriorated, or leaking storage drums, barrels, bins, tanks or similar containers;
(8) 
Materials or products handled or stored on roads or railways owned or maintained by the owner or operator of the facility;
(9) 
Waste material;
(10) 
Application or disposal of process wastewater unless otherwise permitted;
(11) 
Particulate matter or visible deposits of residuals from roof stacks, vents, or air handling and control devices that are not authorized by an air quality control permit.
(b) 
Upon inspection of the facility, the city manager may at any time notify the operator or owner that the facility does not meet the requirements of no exposure necessary to operate under a no exposure exclusion or any additional requirements imposed by or under this article or other city ordinances. Such notification shall identify the noncompliant conditions at the facility and the changes necessary to attain a condition of no exposure. Within thirty calendar days of such notification from the city manager (or as otherwise provided by the city manager), the operator or owner shall correct the noncompliant conditions and submit to the city manager a written certification that the changes have been implemented, or the operator or owner shall prepare a storm water pollution prevention plan and submit a NOI in accordance with this article.
(Ordinance 1304, sec. 8-2.17, adopted 4/12/2010)