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<br />City of San Marcos
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<br />TPDES Permit No. WQOO 1 0273002
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<br />3. Inspections and Entry
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<br />a. Inspection and entry shall be allowed as prescribed in the Texas Water Code Chapters 26,27, and 28, and Texas Health
<br />and Safety Code Chapter 361.
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<br />b. The members of the Conunission and employees and agents of the Commission are entitled to enter any public or private
<br />property at any reasonable time for the purpose of inspecting and investigating conditions relating to the quality of water
<br />in the state or the compliance with any rule, regulation, permit or other order of the Conunission. Members, employees,
<br />or agents of the Commission and Connnission contractors are entitled to enter public or private property at any
<br />reasonable time to investigate or monitor or, if the responsible party is not responsive or there is an immediate danger
<br />to public health or the environment, to remove or remediate a condition related to the quality of water in the state.
<br />Members, employees, Commission contractors, or agents acting under this authority who enter private property shall
<br />observe the establishment's rules and regulations concerning safety, internal security, and fIre protection, and if the
<br />property has management in residence, shall notify management or the person then in charge of his presence and shall
<br />exhibit proper credentials. If any member, employee, Commission contractor, or agent is refused the right to enter in
<br />or on public or private property illlder this authority, the Executive Director may invoke the remedies authorized in Texas
<br />Water Code Section 7.002. The statement above, that Commission entry shall occur in accordance with an
<br />establishment's rules and regulations concerning safety, internal security, and fIre protection, is not grounds for denial
<br />or restriction of entry to any part of the facility, but merely describes the Commission's duty to observe appropriate rules
<br />and regulations during an inspection.
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<br />4. Permit Amendment and/or Renewal
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<br />a. The permittee shall give notice to the Executive Director as soon as possible of any planned physical alterations or
<br />additions to the permitted facility if such alterations or additions would require a permit amendment or result in a
<br />violation of permit requirements. Notice shall also be required under this paragraph when:
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<br />1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is
<br />a new source in accordance with 30 TAC S 305.534 (relating to New Sources and New Dischargers); or
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<br />11. The alteration or addition could signifIcantly change the nature or increase the quantity of pollutants discharged.
<br />This notifIcation applies to pollutants which are subject neither to effluent limitations in the permit, nor to
<br />notification requirements in Monitoring and Reporting Requirements No.9;
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<br />Ill. The alteration or addition results in a significant change in the pemrittee's sludge use or disposal practices, and such
<br />alteration, addition, or change may justify the application of permit conditions that are different from or absent in
<br />the existing permit, including notifIcation of additional use or disposal sites not reported dming the permit
<br />application process or not reported pursuant to an approved land application plan.
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<br />b. Prior to any facility modifications, additions, or expansions that will increase the plant capacity beyond the permitted
<br />flow, the permittee must apply for and obtain proper authorization from the Commission before commencing
<br />construction.
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<br />c. The pemrittee must apply for an amendment or renewal prior to expiration of the existing permit in order to continue a
<br />permitted activity after the expiration date of the permit. If an application is submitted prior to the expiration date of the
<br />permit, the existing permit shall remain in effect until the application is approved, denied, or returned. If the application
<br />is returned or denied, authorization to continue such activity shall terminate upon the effective date of the action. If an
<br />application is not submitted prior to the expiration date of the permit, the permit shall expire and authorization to
<br />continue such activity shall terminate.
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<br />d. Prior to accepting or generating wastes which are not described in the pennit application or which would result in a
<br />significant change in the quantity or quality of the existing discharge, the permittee must report the proposed changes
<br />to the Commission. The permittee must apply for a permit amendment reflecting any necessary changes in pennit
<br />conditions, including effluent limitations for pollutants not identified and limited by this permit.
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<br />e. In accordance with the Texas Water Code ~ 26.029(b), after a public hearing, notice of which shall be given to the
<br />permittee, the Commission may require the permittee, from time to time, for good cause, in accordance with applicable
<br />laws, to conform to new or additional conditions.
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<br />f. If any toxic effiuent standard or prohibition (including any schedule of compliance specified in such effluent standard
<br />or prohibition) is promulgated under Section 307(a) of the Clean Water Act for a toxic pollutant which is present in the
<br />discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this permit, this permit
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