(A) 
The Stormwater Administrator or designated representative has the authority to enter and inspect private property, including facilities, equipment, practices, or operations related to stormwater discharges to the Small MS4 in accordance with the TPDES Small MS4 General Permit, Part III Section A.3.(a)(2)f, as may be amended.
(B) 
Admittance to the site to be inspected shall be requested at a reasonable time during normal working hours unless it is determined by the Stormwater Administrator that imminent and substantial danger exists.
(C) 
In the event the property owner or operator refuses entry after an inspection request has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(Ordinance 9513, sec. 1, adopted 12/15/15)
(A) 
Reporting requirements.
1. 
Hazardous spills and discharges.
A discharger of a reportable quantity of a hazardous or extremely hazardous substance into the MS4, surface water in the state, or the waters of the U.S., must telephone 911 and notify the Fire Department and the Stormwater Administrator immediately after becoming aware of the discharge.
2. 
Non-hazardous spills and discharges.
In the event of a release of non-hazardous materials, the discharger shall notify the Stormwater Administrator no later than the following business day.
(B) 
Response to spills and discharges.
1. 
Spills or leaks of polluting substances discharged to or having the potential to be indirectly transported to the MS4 shall be contained, controlled, collected and removed promptly. All affected areas shall be restored to their preexisting condition. Any costs of the containment, control, collection, removal or restoration incurred by the City of Midland shall be reimbursed to the City by the Person or Persons associated with the spill or leak.
2. 
Notification shall not relieve the responsible person(s) of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the City, to natural resources, or to any other Person or property, nor shall such notification relieve the responsible Person of any fine, penalty, or other liability which may be imposed pursuant to this Chapter or to state or federal law.
3. 
Any person responsible for any Release as described in Section 11-12-5(A) shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release.
(Ordinance 9513, sec. 1, adopted 12/15/15)
All citizens are encourage to report to the City of Midland any spills, releases, illicit connections, discharges from construction activity, other instances of a person or persons discharging pollutants into the MS4 or surface water in the state, and any other violation of this Chapter of which they become aware. Such citizen reports may be made by telephone, in writing or in person.
The Stormwater Administrator will designate an individual or office to receive all such citizen reports and will establish a phone number and publish the number to facilitate citizen reports.
(Ordinance 9513, sec. 1, adopted 12/15/15)
(A) 
Civil enforcement and remedies.
The governing body of the City of Midland, Texas may institute in a court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this Chapter or of any order or ruling made in connection with the City's administration or enforcement including, but not limited to, an action for injunctive relief.
(B) 
Penalties.
Each violation of this Chapter or of any order or ruling promulgated hereunder shall constitute a misdemeanor and upon conviction shall be punishable by a fine of not more than $2,000.00, and each day a violation continues to exist shall constitute a separate offense.
(Ordinance 9513, sec. 1, adopted 12/15/15)