The regulations are based on all applicable state and federal
regulations as well as the legislative authority of Ector County and
the city, but more specifically chapter 312 subchapter G, sections
312.141–312.150.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
The purpose of this article is to protect the public health
and safety of the governmental units’ residents by regulating
the transportation of nonhazardous liquid waste and monitoring liquid
waste transporters to prevent illegal dumping of nonhazardous liquid
waste. Through this monitoring and regulatory scheme, governmental
units can avoid expenses required to clean up illegal dumping of nonhazardous
liquid wastes.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
Area.
All property located within Ector County and the city limits.
Company.
Anyone owning or operating one or more vehicles used to transport
liquid wastes.
Department.
Employees charged with the enforcement of this ordinance
through the interlocal agreement between the city and the County of
Ector.
Discharge.
The unpermitted disposal, deposit, injection, dumping, spilling,
leaking or placing of any liquid waste, including by not limited to,
solid or semisolid grease trap waste, grit trap waste, and/or septage
into or on any land, water, sanitary or storm sewer facilities so
as to cause such waste or any constituent thereof to enter the environment,
or be admitted into the air or any water including groundwater.
Disposer.
Any person who receives, stores, retains, processes or disposes
of liquid wastes.
Generator.
A person who causes, creates, generates, stores or otherwise
produces nonhazardous liquid waste including but not limited to grease
trap, sand (grit) trap, and septic tank waste. The generator is responsible
for assuring the produced waste is disposed of in accordance with
federal, state and local regulations.
Governmental unit.
The city as represented by the official acts of the city
council and council designated representatives, within the corporate
and extraterritorial jurisdictional limits; or the County of Ector
as represented by the official acts of the Ector County Commissioners
Court and Court designated representatives within the boundaries of
Ector County and outside the jurisdictional limits of the city.
Grease trap.
A receptacle utilized by commercial, industrial or public
generators of liquid waste to intercept, collect, and restrict the
discharge of oily, greasy, fatty liquids, semi-liquid, and/or organic
or inorganic solid wastes into both private and/or public sewers to
which the receptacle is directly or indirectly connected.
Grease trap waste.
Any material collected in and from a grease trap in the sanitary
sewer service line of a commercial, industrial, or public food service
or processing establishment, including solids resulting from dewatering
processes.
Grit trap.
A unit/chamber utilized by commercial, industrial or public
generators which allows for the sedimentation of solids from an influent
liquid stream by reducing the flow velocity of the influent liquid
stream. In a grit trap, the inlet and the outlet are both located
at the same level, at, or very near, the top of the unit/chamber.
Grit trap waste.
Waste collected in a grit trap. Grit trap waste includes
wastes from grit traps placed in the drains prior to entering the
sewer system at maintenance and repair shops, automobile service stations,
car washes, laundries, and other similar establishments. The term
does not include material collected in an oil/water separator or in
any other similar waste management unit designed to collect oil.
Hazardous waste.
Any liquid, semi-liquid, or solid waste or any combination
thereof which because of its quantity, concentration, physical, chemical,
or infectious characteristics posses a substantial hazard to human
health or the environment when improperly stored, transported, treated
or disposed of or otherwise improperly managed. Hazardous wastes are
further identified, designated by the Texas Waste Disposal Act or
by the Administer of the US Environmental Protection Agency pursuant
to the Federal Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976 and as may be amended in the
future. Hazardous wastes are further identified as having any of the
following characteristics: toxic, corrosive, a strong sensitizer,
flammable or combustible, explosive or otherwise capable of causing
substantial personal injury or illness.
Liquid waste.
Any nonhazardous sand trap, grease trap or septage waste.
Liquid waste transporter.
Any person who is registered with and authorized by the TCEQ
and the governmental unit to transport liquid wastes.
Permit.
Valid liquid waste transporter permit issued by the city.
Person.
An individual, corporation, organization, governmental subdivision
or agency, federal agency, state, political subdivision of a state,
interstate agency or body, business or business trust, partnership
association, firm company, joint stock company, commission or any
other entity.
Septage.
Liquid waste and sludge removed from a portable toilet, chemical
toilet, septic tank or cesspool. Septage does not include nondomestic
wastes from commercial, industrial or public establishments unless
that nondomestic waste has the content and characteristics of domestic
waste.
Tank.
A receptacle, device or structure designed to contain an
accumulation of liquid waste and is constructed of materials manufactured
to provide structural support for the containment.
TCEQ.
Texas Commission on Environmental Quality.
Trip Ticket.
The written, multi-part document which must be in the possession
of the transporter hauling the waste enabling disposal of hauled nonhazardous
liquid waste at a permitted or registered disposal site. The manifest
must contain the information designated by the TCEQ and issued by
the city.
Vehicle.
A mobile receptacle or device in which or by which liquid
waste may be transported on public streets or highways.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) Permits
required.
(1) A transporter shall be in violation of this article if the vehicle
owned, leased or driven by the transporter transports nonhazardous
liquid waste from a point in Ector County or the city over any public
right-of-way in Ector County or the city without a permit duly issued
by the department.
(2) Waste materials to be recycled for other commercial uses such as,
but not limited to, waste motor oil and waste cooking oil, are not
required to be manifested or permitted under this article, but shall
be collected and transported in and through the city and county in
conditions which are sanitary, free from odors and which will not
adversely affect the environment.
(b) Application.
(1) In addition to complying with the proper registration procedures
established by the TCEQ, a person intending to engage in the activity
of transporting liquid waste must first obtain a permit from the department
by legibly providing all of the information in the application established
by the department.
(2) The applicant must include a photocopy of the driver’s license
of all persons who will be operating vehicles for the applicant.
(3) The applicant must submit proof of current registration with the
TCEQ.
(4) The applicant must specify the disposal site(s) which will be used
for the authorized disposal of liquid wastes. The department must
be notified immediately if additional disposal sites are to be used
during the term of the permit.
(5) The applicant must provide a statement setting out any record of
criminal convictions against the applicant, or anyone in his employment,
resulting from the unlawful operation of a vehicle used to transport
liquid waste.
(6) The applicant must file with the department evidence of a policy
of public liability insurance and thereafter keep same in full force
and effect with an insurance company authorized to do business in
Texas. The policy shall insure the public against any loss or damage
that may result to any person or property from the operation of a
defective vehicle or negligence of the owner or any person driving
or otherwise operating such vehicle, and the vehicle insurance provisions
of such policy shall provide minimum coverage in the policy as to
each and every transporter vehicle to be not less than one million
dollars ($1,000,000.00) for bodily injury or death of any one person,
for bodily injury or death in any one accident, for the damage to,
or destruction of, property in any one accident. Coverage is to include
the pollution liability endorsement with limits not less than one
million dollars ($1,000,000.00). Such coverage shall be endorsed to
cover the upset, overturn, and remediation of the load in transport.
The certificate of insurance required by this subsection shall contain
a provision requiring the city utilities department be provided with
thirty (30) days advance notice, in writing, of cancellation or material
change in the policy.
(7) The applicant must have paid all undisputed, previously due and outstanding
sales and/or property taxes and debts owed the governmental units.
If the department receives information that the applicant or transporter
has not complied or is not fulfilling this requirement, it may require
proof of compliance with documentation deemed suitable by the department.
(8) All applicants shall certify under oath the information contained
in the application is true and correct. Failure to certify the accuracy
of information shall result in the denial of the application.
(c) Permit
issuance.
(1) Upon receipt of a completed application, the department will determine
the accuracy and completeness of the information as well as compliance
with vehicle requirements. The department shall approve or deny the
issuance of the permit within ten (10) working days after the application
is deemed complete.
(2) If the permit is denied, the department will inform the applicant
of corrective actions which must be met before a permit can be issued.
(3) Permits issued by the city exclude the hauling of incompatible wastes,
hazardous wastes and prohibits the commingling of incompatible and/or
hazardous wastes.
(d) Permit
suspension.
In the event of cancellation or material
change in the transporter’s policy, the permit shall be suspended
until such time as the transporter can again secure appropriate coverage.
(e) Permit
duration.
The permit shall be valid for a one-year period
with such period terminating on the anniversary of the issuance or
reissuance.
(f) Renewal.
The permit holder shall reapply for a permit at least thirty
(30) days prior to the permit’s expiration. The requirements
of this article must be met prior to the reissuance of a permit.
(g) Duty
to update information.
The transporter shall update the
information contained in the application to reflect any substantive
changes within ten (10) working days of the change. Substantive changes
shall include, but are not limited to, changes to equipment, personnel,
criminal records, disposal methods, and driving records. Failure to
update the information is a violation of this article and can result
in revocation of the permit.
(h) Transfer.
A permit issued under this article is nontransferable from one
transporter business to another.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) Compliance.
All vehicles utilizing the rights-of-way of Ector County or
the city to transport liquid waste must at all times conform to the
vehicle specifications and maintenance requirements set forth in this
section. Failure to do so will constitute a violation of this article.
(b) Vehicle
specifications.
(1) The vehicle must be equipped with tank(s) that are firmly, securely
and permanently attached to the structure of the vehicle in such a
manner that the tank(s) will not loosen or dislodge during the transport
of the liquid wastes. Vehicles with portable or removable tank(s)
or other containers are prohibited.
(2) All piping, valves, and connectors shall be permanently attached
to the tank(s) and/or vehicle.
(3) The tank(s) shall be liquid tight.
(4) The tank(s) must be constructed so the interior and exterior portion
can be cleaned.
(5) All piping, valves, and connections shall be accessible and easily
cleaned.
(6) The inlet or opening of the tank shall be constructed and located
so the collected waste shall not spill during the filling, transfer,
or transport.
(7) Outlet connections shall be constructed so no liquid waste shall
discharge, leak, run or spill out from the tank.
(8) Outlets are to be of a design and type suitable for the liquid waste
to be safely removed and be capable of controlling outflow without
discharge, spillage, spray, or flooding of immediate surroundings
while in use.
(9) All discharge valves and ports on closed vehicles, tanks, or containers
must be prominently marked. All discharge ports shall be visible and
readily accessible.
(10) Pumps, valves, cylinders, diaphragms and other appurtenances shall
be of a design and type suitable for the liquid waste to be safely
loaded, transported and removed, be capable of operation without discharge,
spillage, spray or leakage, and be easily disassembled for cleaning.
(11) The vehicle shall have sight gauges maintained in a manner which
can be used to determine if the vehicle is loaded and the approximate
capacity. Gauges are not required to read in gallons, but shall show
what percentage of the tank capacity is filled.
(c) Vehicle
markings.
Prior to the operation of a vehicle regulated
by this article, each permitted transporter shall prominently display
on both sides and rear of each vehicle, in a color clearly contrasting
with the background:
(1) In three-inch letters or larger, the business or trade name of the
transporter contained in the permit; and
(2) In two-inch letters or larger, the emergency telephone number of
the department, and the TCEQ and the department’s vehicle permit
identification number.
(3) The permitted transporter shall keep and display upon request by
the department the permit issuance receipt, or a copy thereof, in
the vehicle at all times.
(d) Vehicle
maintenance.
A liquid transporter shall:
(1) Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes,
connections, and other appurtenances on a vehicle in good operation
and repair and free from leaks.
(2) Provide a safety plug or cap for each inlet and outlet tank valve.
(3) Cause the vehicle exterior to be clean, vector free and relatively
odor free at the beginning of each work day and provide for intermittent
wash down of the vehicle exterior and washout of tank interior as
necessary to maintain the above conditions at all times.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
Any liquid waste transporter failing to perform the responsibilities
set out below shall be in violation of this article.
(1) Determination
of nature of material.
Prior to accepting a load of liquid
waste for transportation, a transporter shall determine the volume,
nature and classification of the material to be transported and that
his permit, vehicle and equipment are sufficient to legally and properly
accept, transport, and dispose of the load without discharge, spillage,
leaks or release of toxic or harmful gases, fumes, or other substance.
Upon delivery of the waste to the disposal site, the transporter shall
inform the disposal site operator of the content of the waste. At
the discretion of the disposal site operator or the department, the
liquid waste presented for disposal may be sampled and tested prior
to disposal to verify the classification, quality, concentration,
character, and/or volume of the liquid waste. The department’s
cost for conducting any positive confirming test resulting in verification
of unpermitted transportation or disposal or prohibited discharge
shall be paid by the permittee.
(2) Disposal
of waste at appropriate sites.
Transporters shall only
dispose of liquid waste at disposal sites legally designated to receive
the particular classification of waste being transported as regulated
and approved by the appropriate city, county, state or federal authority.
(3) Manifest
system.
All transporters regulated by this article shall utilize the manifest system set out in section
6-10-7 herein.
(4) Incompatible
wastes.
Commingling of incompatible wastes in any transport
vehicle is prohibited.
(5) Full
pump out requirement.
When servicing a grease or grit
trap, the transporter shall remove the entire contents of the trap
unless the trap capacity is greater than the tank capacity on the
vacuum truck in which case, the transporter shall arrange for additional
transportation capacity so the entire trap is fully evacuated within
a 24-hour period following the transporter’s inability to fully
evacuate the trap.
(6) Spills.
(A) In the event of a discharge of liquid waste during the collection
or transport, the transporter shall immediately, but in any event
within one (1) hour, telephone the department in addition to any other
governmental entity the transporter is required to contact. The transporter
must provide information regarding the location, time, and duration
of the spill; the type of waste, volume, and known dangerous characteristics;
any corrective actions, including diking, taken by the transporter;
and any other conditions, factors, or circumstances that would indicate
need for expeditious, specialized or unique response to the discharge.
(B) The transporter shall contain the impacted area and safely recover
the discharged wastes unless informed by one of the authorities contacted
that additional experienced personnel and/or equipment is necessary
to safely recover or remediate the discharge.
(C) The transporter shall bear the cost of all actions required by this
subsection.
(D) Failure to promptly and properly notify the appropriate jurisdictional
authorities and take such actions as required by the authorities shall
constitute a violation of this article.
(E) In the event on any violation that causes a governmental unit to
incur expenses for the cleanup or that causes damages to facilities
of a governmental unit, the person or persons who violate this article
shall be responsible for and be required to reimburse the governmental
unit for expenses of cleanup or expense associated with the repair
to the facilities of the governmental unit, or expense caused by the
violation. Failure to pay these expenses or costs under this section
shall constitute a violation of this article.
(7) Provision
of information.
For compliance and tracking purposes,
a transporter shall, upon request, provide the department:
(A) Past and current routes or schedules of a vehicle’s full daily
operation; and
(B) Notice, prior to operation in the city or county, of the time and
location of the vehicle’s operation.
(C) A grab sample of the transported waste. The sample shall be analyzed
at NELAC accredited lab and required sampling and analysis shall be
at the expense of the transporter if positive findings are determined.
(8) Temporary
storage.
(A) Liquid waste cannot be stored in a mobile closed container for more
than four (4) days.
(B) Liquid waste can only be stored at a fixed or permanent site which
has been approved by the TCEQ and cannot be stored for more than thirty
(30) days.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
The manifest system defined by this section shall be used by
all transporters holding permits to transport liquid waste.
(1) Trip
ticket booklets.
(A) Trip ticket booklets shall be provided by the department. Each individual
trip ticket will be serially numbered and consist of five (5) parts.
The department shall keep a record of the trip ticket serial numbers
provided to the transporter. Permit holders shall not be allowed to
receive additional trip ticket booklets until a previously issued
and completed booklet has been properly returned to the department.
(B) At the discretion of the department, individual trip tickets can
be issued to transporters who perform limited transportation in the
jurisdiction.
(2) Use
of trip tickets.
(A) A transporter shall complete one (1) trip ticket for each generator
location serviced.
(B) All information on the trip ticket must be legibly completed and
signed by the transporter and generator at the time of collection.
(C) The top copy of the trip ticket will be left in the booklet and returned
to the department.
(D) The second copy will be provided to the generator at the time the
waste is received from the generator.
(E) The third copy is left at the disposal site after the disposer has
legibly signed the trip ticket acknowledging disposal of the waste.
(F) The fourth copy will be maintained by the transporter.
(G) The fifth copy must be returned by the transporter to the generator
within fifteen (15) days after the waste is received at the disposal
facility.
(3) Voiding
trip tickets.
If a trip ticket must be voided for any
reason, the word “void” must be written on all copies
of the trip ticket. All copies of a voided trip ticket must be returned
with the booklet or if an individual ticket was issued the entire
ticket must be returned.
(4) Lost,
stolen or inactive booklets/trip ticket.
(A) In the event a booklet or trip ticket is lost or stolen, the permittee
shall submit a sworn and notarized affidavit stating the circumstances
surrounding the loss, the probable volume and contents of the liquid
wastes transported and disposed of, and the efforts made to locate
the booklet/trip ticket.
(B) The department shall, at its discretion, charge the transporter the
cost of the maximum volume (tank capacity) which can be transported
by the transporter for each lost trip ticket.
(C) The department can require a permittee to return a booklet/trip ticket
and pay associated fees if the permittee does not turn in the booklet/trip
ticket for a four-month period, the permittee’s permit is revoked,
and/or the permittee ceases to own or operate the transportation company.
(5) Falsification
of trip tickets.
Falsification of any information required
in a trip ticket shall be grounds for suspension of a liquid transportation
permit and/or penalties allowed by this article.
(6) Manifest
fees.
(A) The transporter shall be charged a fee of two cents ($0.02) per gallon
as documented by the volume of waste recorded on the trip ticket.
(B) The fee will be paid when the transporter completes a booklet (or
individual trip ticket, if applicable) and returns it to the department.
If the department’s accounting of the required fee is more than
the fee paid by the transporter, the transporter will be billed for
the deficiency. If the fee paid exceeds the transporter’s obligation,
the transporter will be given a credit toward future fees.
(C) If a transporter has not returned a booklet (trip ticket) within
six (6) months of it being issued, the department can require the
transporter to submit the booklet and associated fees.
(7) Discrepancies.
(A) A significant discrepancy is obvious differences that can be discovered
by inspection or waste analysis between the quantity and/or type of
waste designated on the trip ticket and the quantity and/or type of
waste received at the facility.
(B) Significant discrepancies for bulk weight are variations greater
than 10% in weight; for liquid waste, any variation greater than 15%
in gallons.
(C) Upon discovering a significant discrepancy, the transporter must
attempt to reconcile the discrepancy with the waste generator or owner
or operator of the disposal site. If the discrepancy is not resolved
within fifteen (15) days after delivering the waste, the transporter
must immediately submit to the department a letter describing the
discrepancy and attempts to reconcile it, and a copy of the trip ticket.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) Information
regarding wastes.
Every generator of liquid waste must
determine the contents, characteristics and classification of wastes
at the generator’s site and provide such information to the
department, transporter, and/or disposal site operator.
(b) Removal
of wastes.
The generator of liquid wastes shall only
have the waste removed by a transporter holding a valid permit issued
by the department.
(c) Trip
ticket.
(1) Prior to signing a trip ticket, the generator must ensure the information
contained in the trip ticket is legible, complete and correct.
(2) The generator must designate the disposal site for the waste on the
trip ticket.
(3) Before the transporter leaves the site, the generator must receive
a copy of the trip ticket.
(4) The generator must receive, from the transporter, a copy of the trip
ticket signed by the disposal within 15 days after the waste is received
at the disposal site.
(5) The department may inspect the trip tickets of the generator during
normal business hours.
(d) Maintenance
of collection point.
(1) The generator shall provide, maintain and periodically clean the
collection point for the liquid waste.
(2) The generator shall immediately report to the department discharges,
spills or accidents involving the collection point which pose a threat
to the public health or potential damage to the environment.
(3) The generator shall recover all accidental spills and discharges
immediately and have such waste disposed of by a transporter holding
a valid permit from the department.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) The
disposer shall comply with all requirements of city, county, state
and federal law.
(b) The
disposer shall only accept liquid waste generated in the county and
the city if the transporter is permitted by the department and using
the department’s trip ticket.
(c) The
disposer shall make all records (e.g. trip tickets) required under
this article available for inspection by the department during normal
work hours.
(d) The disposer must notify the department within one (1) working day if a significant discrepancy as defined in section
6-10-7 is determined or the liquid waste is refused for disposal. This notification shall include date and time of the incident, identification of the company and vehicle, and the circumstances.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) Copies
of trip tickets must be maintained by the department, transporter,
generator and disposal site for five (5) years.
(b) Trip
tickets must be readily available for review by the department and/or
the TCEQ or submitted to the department upon request.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) Violations.
A person shall be in violation of this article if they discharge
any liquid waste in Ector County and such location for disposal is
not approved or authorized by the state.
(b) Injunctive
relief.
When the department finds that a permit holder
or other person has violated, or continues to violate, any provision
of this article, or order issued hereunder, the department may petition
the district court through its attorney for the issuance of a temporary
or permanent injunction, as appropriate. The injunction shall restrain
or compel the specific performance of the requirements imposed by
this article on activities of the permit holder or other person. The
department may also seek such other action as is appropriate for legal
and/or equitable relief, including penalties and/or fines by the state
and a requirement for the permit holder or other person to conduct
environmental remediation. A petition for injunctive relief shall
not be a bar against, or a prerequisite for, taking any other action
against a user, permit holder or other person.
(c) Criminal
penalties.
(1) A permit holder or other person who is found to have violated any
provision of this article shall be guilty of a class C misdemeanor
and be subject to a fine of not more than two thousand dollars ($2,000.00)
per violation. Each day the violation continues shall constitute a
separate offense for the purpose of this article.
(2) The criminal penalty shall be in addition to any other cause of action
for personal injury or property damage available under state law,
and shall be in addition to any injunctive relief.
(3) If conduct constituting an offense is performed by an “agent”
acting in behalf of a corporation, partnership or association and
within the scope of his office or employment, the corporation or association
or partnership is criminally responsible for the offense.
(4) An individual is criminally responsible for conduct that he performs
in the name or in behalf of a corporation, partnership, or association
to the same extent as if the conduct were performed in his own name
or behalf.
(5) A person commits an offense if the person intentionally, knowingly,
recklessly or with criminal negligence engages in conduct or fails
to perform as required by this article. A person is on notice of any
regulation, ordinance, statue or act adopted by a governmental unit,
the state or the United States government prior to the conduct or
failure to perform by the person and shall be charged with knowledge
by the person of such regulation, ordinance, statute or act. The person
shall also be on prior notice of any oral or written communication
by the department that is personally delivered, posted, or mailed
by certified mail to the person or his agent. Any commission of such
act or failure to perform with such prior notice shall be done knowingly
and with criminal responsibility.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) Revocation
or denial of permit.
(1) Supplying false information to the department shall be grounds for
refusal to grant a permit or revocation of a permit if already issued.
(2) Violation of any provision of this article shall be grounds to revoke,
suspend or deny a permit. A permit may be revoked, suspended or denied
by sending written notice of the suspension or revocation to the transporter’s
address as provided in the permit application by certified mail, return
receipt requested. A suspension or revocation shall be effective ten
(10) days after the written notice is mailed. A suspension or revocation
may be for any period up to the duration of the permit. A permit shall
not be issued to any person whose permit is currently suspended, so
long as the reason for the suspension or revocation is still unresolved.
(b) Notice
of violation.
Whenever the department finds that a person
has violated or continues to violate this article, a transporter permit,
or an order issued hereunder, the department may issue a notice of
violation.
(1) A person must respond to the notice of violation in accordance within
the time frame and in the manner designated by the notice of violation.
(2) Nothing in this section shall limit the authority of the department
to take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(c) Show
cause hearing.
The department may order a person who
has violated, has contributed to a violation, or continues to violate
any provision of this article, or permit or order issued hereunder,
to appear before the department and show cause why the proposed enforcement
action should not be taken. Notice shall be served on the person specifying
the time and place for the meeting, the proposed enforcement action,
the reason for such action, and a request that the person show cause
why the proposed enforcement action should not be taken. The notice
of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least ten (10) days prior to the
hearing. Such notice may be served on any authorized representative
of the person. Whether or not a duly notified person appears as noticed,
immediate enforcement action may be pursued. A show cause hearing
shall not be a bar against, or prerequisite for, taking any other
action against the person.
(d) Compliance
order.
When the department finds that a person has violated
or continues to violate this article, a transporter permit or an order
issued hereunder, the department may issue an order to the person
responsible for the discharge directing that the person come into
compliance within a specified period of time. If the person does not
come into compliance within the specified time, the transporter’s
permit may be terminated. Compliance orders also may contain other
requirements to address the noncompliance. A compliance order will
not relieve the person of liability for any violation, including any
continuing violation. Issuance of a compliance order shall not be
a bar against, or a prerequisite for, taking any other action against
the person.
(e) Cease
and desist order.
When the department finds that a person
has violated, or continues to violate, any provision of this article,
a transporter’s permit or an order issued hereunder, or that
the person’s past violations are likely to recur, the department
may issue an order to the person directing him to cease and desist
all such violations and directing the person to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive actions as may be needed
to properly address a continuing or threatened violation.
Issuance of the cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the person.
|
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
(a) The
person shall have ten (10) days to appeal a permit suspension or revocation
to the department. A suspension or revocation may be appealed by giving
notice thereof to the department.
(b) If
the person appeals the suspension or revocation, the suspension or
revocation shall be stayed until an administrative hearing can be
held.
(c) The
hearing shall be scheduled as soon as possible, but in no event more
than ten (10) days after the notice of appeal. In the event that either
the transporter of the department requests it, the hearing may be
continued beyond the ten-day period at the department’s discretion.
(d) At
the hearing, which may be by written documents, the department shall
consider the evidence it deems relevant to the actions to be taken.
(e) The
department may take the action initially assessed or any other actions
that could have been legally taken in the first instance.
(f) After
a final order of the department, a person may, within ten (10) calendar
days, appeal to the commissioner’s court of Ector County if
the person is located outside the city limits, or to the city council
if located within the city limits.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
All of the remedies contained herein are accumulative and the
department is authorized to use any, all, or any combination of the
remedies at any time and is not required to use any remedy or administrative
procedure prior to utilizing any other remedy against a noncompliant
person.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)
The department is delegated the authority and is charged with
the responsibility to implement and approve administrative regulations
and operate, administer and enforce the provisions of this article
as well as all applicable federal and state laws and regulations.
Any powers granted to, or duties imposed upon, the department of utilities
may be delegated by the department to other personnel. The department
may promulgate reasonable rules and regulations as necessary to carry
out the provisions of this article and to protect the health and safety.
(Ordinance 2010-18, sec. 1, adopted 7/13/10)