(a)
Violations of provisions of this article or failure to comply with
any of its requirements shall constitute an offense punishable by
fine not to exceed two thousand dollars ($2,000.00) per violation,
per day. Any person who violates this article shall, upon conviction
thereof, be fined in accordance with the provisions of this article.
Each day such violation continues shall be considered a separate offense.
(b)
The owner or operator of any facility, construction site, structure,
premises, or party thereof, and any architect, builder, contractor,
agent, or other person who commits, participates in, assists in, or
maintains such violation may each be found guilty of a separate offense
and suffer the penalties herein provided.
(c)
Violations of this article may be remedied using the procedures set forth in section 1.01.009 of this code. These remedies shall be in addition to all other legal remedies, criminal or civil, which may be pursued by the city to address any violation of this article. in addition, the city manager may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharge;
(3)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
(4)
The implementation of source control or treatment BMP.
(Ordinance 623-2015 adopted 11/19/15)
The city manager is authorized to require immediate abatement
of any violation of this article that constitutes an immediate threat
to the health, safety or well-being of the public. If any such violation
is not abated immediately as directed by the city manager, the city
is authorized to enter onto private property and to take any and all
measures required to remediate the violation. Any expense related
to such remediation undertaken by the city shall be fully reimbursed
by the property owner and/or responsible party. Any relief obtained
under this section shall not prevent the city from seeking other and
further relief authorized under this article.
(Ordinance 623-2015 adopted 11/19/15)
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the city manager may impose upon violator
alternative compensatory actions such as storm sewer stenciling, attendance
at compliance workshops, creek cleanup, etc.
(Ordinance 623-2015 adopted 11/19/15)
In addition to the enforcement processes and penalties hereinbefore
provided, any condition caused or permitted to exist in violation
of any of the provisions of this article is a threat to public health,
safety, and welfare, and is declared and deemed a nuisance, and may
be summarily abated or restored by the city at the violator’s
expense, and/or a civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken by the city.
(Ordinance 623-2015 adopted 11/19/15)
(a)
The city manager shall retain the authority to issue stop-work orders
for any construction site in violation of this article.
(b)
If the city manager determines that compliance is not being attained,
that a construction site is operating in a dangerous or unsafe manner,
or that conditions exist at a construction site that may lead to an
illicit discharge, upon written notice of an issuance of a stop-work
order, such work or conditions shall be immediately terminated or
remedied. Written notice of such action shall be provided to the owner,
operator, and responsible party of the construction site and shall
state the conditions under which work may be resumed. However, where
an emergency exists which may result in discharge of hazardous materials
or other discharges which pose an immediate threat to health and safety,
or are likely to result in immediate injury and harm to property,
natural resources, wildlife, or habitat written notice shall be delivered
as soon as practicable.
(Ordinance 623-2015 adopted 11/19/15)
Any person who violates any provision of this article or any
provision of any requirement issued pursuant to this chapter may also
be in violation of the Clean Water Act and may be subject to the sanctions
of those acts including civil and criminal penalties. Any enforcement
action authorized under this article shall also include written notice
to the violator of such potential liability.
(Ordinance 623-2015 adopted 11/19/15)
Any civil penalties collected by the city as a result of violations
of this article shall be deposited in the stormwater utility fund,
if one exists, or to such other lawful fund.
(Ordinance 623-2015 adopted 11/19/15)
(a)
Injunctive relief.
When the city manager finds that
a person has violated, or continues to violate, any provision of this
article, or any order issued hereunder, the city manager may petition
any court of competent jurisdiction, as appropriate, which restrains
or compels the specific performance by that person of any requirement
imposed by this article or any order issued hereunder. The city manager
may also seek such other action as is appropriate for legal and/or
equitable relief, including a requirement for a violator to conduct
environmental remediation, abatement, or restoration. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a violator.
(b)
Civil suit under the Texas Water Code.
Whenever it appears that a violation of any provision of the Texas Water Code, or any rule, permit, or order of the TCEQ, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the TCEQ, may have a suit instituted in a state district court, through its attorney, for the injunctive relief or civil penalties or both authorized in chapter 7 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to chapter 7 of the Texas Water Code, and in suits brought thereunder, the TCEQ shall be a necessary and indispensable party.
(c)
Remedies nonexclusive.
The remedies provided for in
this article are not exclusive. The city may take any, all, or any
combination of these actions against a violator. The city is empowered
to take more than one enforcement action against any violator. These
actions may be taken concurrently. All remedies are cumulative.
(Ordinance 623-2015 adopted 11/19/15)
