The city manager, or the designated representative, shall have the right to enter the premises of any person discharging storm water 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 city manager 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 city manager, 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.
(1) 
Where a discharger has security measures in force that 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 manager or his authorized representative(s) will be permitted to enter without delay for the purposes of performing his/her responsibilities.
(2) 
The city manager 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.
(3) 
The city manager may require any discharger to the MS4 or waters of the United States to conduct specified sampling, testing, analysis, and other monitoring of its storm water discharges, and may specify the frequency and parameters of any such required monitoring.
(4) 
The city manager 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 storm water flow and quality shall be calibrated to ensure their accuracy.
(5) 
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 manager and shall not be replaced. The costs of clearing such access shall be borne by the discharger.
(6) 
Unreasonable delays in allowing the city manager access to the discharger's premises shall be a violation of this article.
(Ordinance 1304, sec. 8-2.18, adopted 4/12/2010)
If the city manager, or his/her authorized representative, has been refused access to any part of the premises from which storm water is discharged, and he/she is 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 city manager may seek issuance of an inspection or search warrant from any court of competent jurisdiction. For purposes of this section, the city manager, the director of public works, the building inspector, and the duly authorized representatives of these city departmental managers are declared to be "health officers," as that term is used in the Texas Code of Criminal Procedure, article 18.05.
(Ordinance 1304, sec. 8-2.19, adopted 4/12/2010)
When the city manager finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the city manager 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 require the city manager to issue a warning notice prior to taking any action, including emergency action or any other enforcement action.
(Ordinance 1304, sec. 8-2.20, adopted 4/12/2010)
When the city manager finds that any person has violated, or continues to violate, any provision of this article, or any order issued hereunder, the city manager may serve upon that person a written notice of violation. Within seven 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 city manager. 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 city manager within seven 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 require the city manager to issue a notice of violation prior to taking any action, including emergency action or any other enforcement action.
(Ordinance 1304, sec. 8-2.21, adopted 4/12/2010)
The city manager 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 article and shall be judicially enforceable.
(Ordinance 1304, sec. 8-2.22, adopted 4/12/2010)
The city manager 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 city manager 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 this article. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the alleged violator.
(Ordinance 1304, sec. 8-2.23, adopted 4/12/2010)
When the city manager finds that any person has violated, continues to violate, or threatens to violate any provision of this article, or any order issued hereunder, the city manager 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.
(Ordinance 1304, sec. 8-2.24, adopted 4/12/2010)
When the city manager 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 city manager may issue an order to the violator directing him/her 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; 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.
(Ordinance 1304, sec. 8-2.25, adopted 4/12/2010)
When the city manager 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(s), or threatened violation(s) have 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 city manager 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. 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 city manager 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 city manager may allow the person to commence or recommence its discharge when it has demonstrated to the satisfaction of the city manager 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 city manager 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 a prerequisite for, taking any other action against the violator.
(Ordinance 1304, sec. 8-2.26, adopted 4/12/2010)
Whenever the city manager finds that any operator of a construction site has violated, threatens to violate, or continues to violate any provision of this article, or any order issued hereunder, the city manager 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 city manager, 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, early grading release, 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.
(Ordinance 1304, sec. 8-2.27, adopted 4/12/2010)