Ord 2016-012/amending chapter 86, article 8 of the san marcos city code regarding the city’s drainage utility by adding supplemental regulations and standards for controlling the introduction of pollutants into the municipal separate storm sewer system (m

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(b) The City of San Marcos may enter and inspect facilities equipment, practices, and operations subject to regulation under this Division as often as necessary to determine compliance with this Division. If a discharger's security measures require proper identification and clearance before entry into the premises, the discharger shall make necessary arrangements to allow access to representatives of the City of San Marcos (or EPA or TCEQ). (c) Unreasonable delays in allowing the City of San Marcos access to a permitted facility is a violation of a TPDES stormwater discharge permit and of this Division. A person commits an offense if the authorized enforcement agency is denied reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Division. (d) The City of San Marcos may require the discharger to install and maintain sampling and monitoring equipment necessary to verify compliance. Sec. 86.534. Best Management Practices (BMPs) to Reduce Stormwater Pollutants. The City of San Marcos has the authority to respond to non - compliance with BMPs required by the small MS4 in accordance with TPDES Phase II MS4 Permit TXR040000. The City of San Marcos shall identify and monitor BMPs for any activity, operation, or facility which may facilitate pollution of stormwater, the storm drain system, or surface water in the state. The owner or operator of a commercial or industrial establishment shall implement, at their own expense appropriate pollution control measures through the use of structural and non- structural BMPs to prevent and reduce discharge of pollutants into the municipal storm drain system or watercourses. Sec. 86.535. Enforcement. (a) The City of San Marcos has the authority to assess penalties including monetary, civil, or criminal penalties, in accordance with TPDES Phase II MS4 Permit TXR040000. In addition to other remedies, the City may institute any appropriate action or proceedings to prevent or abate any activity(ies ) in violation of this Division. Appropriate action or proceedings include without limitation termination of utility services (electric, water, wastewater); revocation of permits, licenses, or bonds; stop work orders; and institution of legal action in a court of competent jurisdiction. Initiation of one form of enforcement activity by City employees shall not preclude City employees from initiating any other form of enforcement activity. (b) Field Correction Notices and Failed Inspection Notices. If the City of San Marcos finds a person or entity in violation of this Division the authorized City representative may issue a Field Correction Notice (FCN) or