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ORDINANCE NO. 2008 - 5 <br />AN ORDINANCE AMENDING CHAPTER 86, ARTICLE 3, DIVISION 2, <br />INDUSTRIAL WASTE DISCHARGE REGULATIONS, OF THE SAN MARCOS <br />CITY CODE BY REPLACING EACH REFERENCE THEREIN TO THE TERM <br />"INDUSTRY" WITH A REFERENCE TO THE TERM "INDUSTRIAL USER"; AND <br />PROVIDING AN EFFECTIVE DATE <br />RECITALS <br />1. The Texas Commission on Environmental Quality (TCEQ) conducted a <br />Pretreatment Program Audit. <br />2. As a result of this audit, the TCEQ has required the City of San Marcos to make <br />modifications to the Industrial Discharge Regulations set forth in Chapter 86, <br />Article 3, Division 2, of the San Marcos City Code to use consistent language <br />when referring to industrial users or users. <br />3. Compliance with the TCEQ's requirements can be achieved by replacing all <br />references to the term "industry" with the term "industrial user" in the Industrial <br />Discharge Regulations. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br />SECTION 1. That Chapter 86, Article 3, Division 2, Industrial Waste Discharge <br />Regulations, of the San Marcos City Code is hereby amended by amending Sections <br />86.119, 86.120, 86.122, 86.123, and 86.132 to read as follows: (deletions are shown <br />with strikeouts, additions are underlined): <br />"Sec. 86.119. Noncompliance notification and procedure. <br />(a) Each noncompliance with local, state and federal regulations may result in the <br />~-y industrial user receiving a written notice of violation that will include a <br />designated timeframe for response from the ~y industrial user. A written response <br />from the ~-y industrial user must be submitted for each notice of violation within 15 <br />days of receipt. <br />(b) The city has developed an enforcement response guide, which details the sequence of <br />action for noncompliance. No action by the control authority shall relieve an industrial <br />user who has significantly violated federal or local limits from being published as a user <br />in significant non-compliance as outlined in section 86.120. <br />(c) If, in the opinion of the control authority, the noncompliance is severe, the city may <br />suspend the water service, wastewater treatment service, electrical service and/or the <br />industrial waste permit. Depending upon the noncompliance, the industrial user shall be <br />