DIVISION 1: ENFORCEMENT OF THE TEXAS WATER QUALITY CONTROL ACT

§ 12.5-400 DEFINITIONS.

   Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.

   ACT. The Texas Water Quality Control Act, as amended, codified as Tex. Water Code Chapter 26.

   DIRECTOR. The director of the department of environmental management or the director’s authorized representative.

   PERMIT (n.). An order issued by the commission in accordance with the procedures prescribed in the Act establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge may be made.

(Ord. 16259, § 1, passed 1-11-2005)

§ 12.5-401 DECLARATION OF POLICY AND PURPOSE.

   It is the policy of the city and the purpose of this article to maintain the quality of water in the city consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries and the economic development of the city; and to require the use of all reasonable methods to implement this policy.

(Ord. 16259, § 1, passed 1-11-2005)

§ 12.5-402 AUTHORITY OF THE DIRECTOR.

   The director of the department of environmental management and the director’s authorized representatives are authorized to administer, implement and enforce the provisions of this article and:

   (a)   Disseminate information on water pollution, inform and encourage voluntary cooperation by persons and affected groups in the preservation and regulation of the purity of the water; and

   (b)   Conduct water quality surveys.

(Ord. 16259, § 1, passed 1-11-2005)

§ 12.5-403 INSPECTION AUTHORITY.

   (a)   The director is authorized to inspect the public water and to enter public or private property in accordance with § 26.014 of the Act, to determine whether:

      (1)   The quality of the water meets the state water quality standards adopted by the commission;

      (2)   Persons discharging effluent into the public water located within the city and within 5,000 feet of the city have obtained permits for discharge of the effluent; and

      (3)   Persons who have permits are discharging in compliance with the requirements of the permits.

   (b)   The director may require the owner, lessee or operator of any pollution source or suspected source to sample all parameters as designated by the director for compliance with local, state and federal water pollution standards. All such data shall be submitted to the director upon request.

   (c)   The director may require the owner or operator of a facility to produce for the director’s inspection any permit to discharge effluent into the water issued by the commission.

   (d)   A person commits an offense if the person fails to submit water pollution data to the director as required by this section.

   (e)   A person commits an offense if the person fails to produce a discharge permit for the director’s inspection as required by this section.

(Ord. 16259, § 1, passed 1-11-2005)