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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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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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Ordinances
City Clerk - Type
Amending
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2016-12
Date
5/3/2016
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failed inspection notice to a responsible party. The notice shall be personally <br />delivered to a responsible party, posted at the construction site, or mailed by U.S. <br />Mail or electronic mail. The notice shall afford a reasonable amount of time to <br />correct the alleged violation(s). <br />(1) If the violation(s) is corrected within the stated timeframe, as <br />described above, no further City action will be taken. <br />(2) If correction is not made in the stated timeframe, the inspector may <br />issue an inspections hold and/or a stop work order. <br />(3) If a stop work order is not honored at the site and/or corrective <br />action is not accomplished in a timely manner to protect the city's <br />MS4, citation(s) may be issued or civil injunctive remedy(ies) with <br />the appropriate penalty(ies) may be pursued. <br />(4) Additional or cumulative enforcement action may be taken as the <br />severity of the alleged pollutant impact to the MS4 may warrant. <br />(5) Additional compliance time may be afforded if, within the <br />judgment and discretion of the inspector, municipal obligations to <br />environmental health, public safety, and the City's stormwater <br />compliance requirements to enforcement agencies are not <br />compromised. <br />(6) Upon observation of an alleged violation or condition an inspector <br />believes constitutes a violation of a Water Pollution Abatement <br />Plan within the Edwards Aquifer Recharge Zone, the inspector <br />shall have the authority to issue a Field Correction Notice (FCN) to <br />a responsible party. Enforcement of the FCN shall be in <br />accordance with the process identified in paragraphs (l) through <br />(5) of this section. <br />(c) Monetaty, Civil, and Criminal Enforcement. <br />(1) A penalty is hereby established whereby any person or entity who <br />shall violate any provision of this Division shall be deemed to be <br />guilty of a misdemeanor and shall upon conviction be fined a <br />minimum amount of not less than two hundred dollars ($200.00) <br />per violation and a maximum amount of not more than two <br />thousand dollars ($2,000.00) per violation. Each day of violation <br />shall constitute a separate offense for purposes of the enforcement <br />of this section. <br />(2) The city attorney or other authorized attorney or representative has <br />.authority pursue all legal, equitable, and criminal remedies <br />
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