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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appropriate to enforce all provisions of this Division including but not limited to, authority under the Texas Local Government Code Chapter 54, providing for injunctive relief and court imposed civil penalties of up to five thousand dollars ($5,000.00) a day for violation of ordinances relating to discharge of a pollutant into a storm sewer system controlled by a municipality. (3) Upon written direction of the director advising of an alleged violation of this Division, the city attorney or other authorized attorney, pursuant to subsection (c)(2) above, is authorized to petition any court of competent jurisdiction for an injunction to enjoin the continuance of such violation and to secure any and all civil penalties within the jurisdiction of the appropriate court. This remedy shall be cumulative of and to all other enforcement remedies available to the City. (4) The authority set out above shall in no way diminish the authority and responsibility of the city attorney to diligently prosecute violations of this Division through the municipal prosecutor's office. Sec. 86.536. Maintenance Agreements. The City of San Marcos has the authority to enter into interagency or interlocal agreements or other maintenance agreements as necessary accordance with TPDES Phase II MS4 Permit TXR040000. This agreement will include maintenance easements to access and inspect stormwater control practices and perform routine maintenance to ensure proper stormwater control. A legally binding covenant will identify the parties responsible for maintaining stormwater control practices. Sec. 86.537. Ultimate Responsibility. The standards set forth herein and promulgated pursuant to this Division are minimum standards, compliance with which, by any person or entity will not ensure prevention of contamination, pollution, and unauthorized discharge of pollutants. The requirements of this Division are in addition to any other requirements concerning contamination, pollution and the unauthorized discharge of pollutants into any drainage, storm sewer or wastewater system aquifer, river or body of water under applicable ordinances or state and federal laws. SECTION 5. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code.