(a)
When a director finds that any person has violated, or continues
to violate, this article or any permit or order issued hereunder,
the director may issue to such person a written notice of violation.
(b)
No later than the tenth day after receipt of the notice, the violator
shall submit to the issuing director an explanation of the violation
and a plan for the satisfactory correction and prevention of a reoccurrence
of the violation. Such plan shall include specific actions to be taken
by the violator.
(c)
If the violator denies that any violation occurred, or contends that
no corrective action is necessary, he shall submit to the director,
no later than the tenth day after receipt of the notice, a written
explanation of the basis of any such denial or contention.
(d)
Submission of an explanation and/or plan in no way relieves a violator
of liability for any violations occurring before or after receipt
of the notice of violation.
(e)
Issuance of a notice of violation shall not be a bar against, nor
a prerequisite for, taking any other action against a violator.
(Ordinance 450-12, sec. 6(A), adopted 1/19/12)
(a)
A user who violates the following conditions is subject to the termination
of its city-provided water supply and/or its discharge for failure
to:
(1)
Comply with wastewater discharge permit conditions;
(2)
Factually report the wastewater constituents and characteristics
of its discharge;
(3)
Report significant changes in operations or wastewater volume, constituents
or characteristics prior to discharge;
(4)
Allow reasonable access to the discharger’s premises by representatives
of the authority for the purpose of inspection or monitoring;
(5)
Pay sewer charges;
(6)
Meet compliance schedules;
(7)
Fulfill the conditions of its permit, or this article, or to obey
any final judicial order with respect thereto;
(8)
Meet effluent limitations, including best management practices, based
on applicable pretreatment standards;
(9)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
article or an individual wastewater discharge permit; or
(10)
Violation of the pretreatment standards of this article.
(b)
(1)
Whenever the authority finds that any discharger has engaged in conduct which justifies revocation of a permit, pursuant to subsection (a) above, the authority shall serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
(2)
Within 30 days of the date of receipt of the notice, the discharger
shall respond in person or in writing to the authority, advising of
its position with respect to the allegations. Thereafter, the parties
shall meet to ascertain the veracity of the allegations and, where
necessary, establish a plan for the satisfactory correction thereof.
(c)
The user shall not recommence its discharge until the director so
authorizes and:
(1)
The user presents proof satisfactory to the director that the noncomplying
discharge has ceased;
(2)
The user presents proof satisfactory to the director that the conditions
creating the threat of imminent and substantial danger have been eliminated;
(3)
The user pays the city for all costs the city will incur in reinstating
services.
(d)
Exercise of this option by the director shall not be a bar to, nor
a prerequisite for, taking any other action against the user.
(Ordinance 450-12, sec. 6(B), adopted 1/19/12)
(a)
Enforcement documents which direct industrial users to undertake
or to cease specified activities. Terms may or may not be negotiated
with industrial users. Generally used as a first formal response to
significant noncompliance (unless more severe action is justified)
and may incorporate compliance schedules, administrative penalties,
and termination of service.
(b)
The authority will utilize the following types of administrative
orders:
(2)
Show cause order.
An order which directs the user to
appear before the authority to explain its noncompliance, and show
cause why more severe enforcement actions against the user should
not be levied. Typically used after informal contacts or NOVs have
failed to resolve noncompliance; however, it can be used at any time.
(3)
Compliance order.
An order which directs the industrial
user to achieve or restore compliance by a date specified in the order.
Terms need not be discussed with the industry in advance. Typically
used when noncompliance cannot be resolved without construction, repair,
or process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
(Ordinance 450-12, sec. 6(C), adopted 1/19/12)
Whenever the authority finds that any discharger has engaged in conduct which justifies revocation of a permit, pursuant to section 13.06.121 hereof, the authority shall serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty (30) days of the date of receipt of the notice, the discharger shall respond in person or in writing to the authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
(Ordinance 450-12, sec. 6(D), adopted 1/19/12)
Where the violation of section 13.06.121 hereof is not corrected by means of administrative adjustment, the authority may order any violating discharger to show cause, before the authority or its duly authorized representative, why the proposed permit revocation action should not be taken. A written notice shall be served on the discharger by personal service, or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer, or authorized representative of the discharger. The authority shall then enter appropriate orders with respect to the alleged improper activities if any.
(Ordinance 450-12, sec. 6(E), adopted 1/19/12)
Any discharger or any interested party shall have the right
to request in writing an interpretation or ruling by the authority
on any matter covered by this article and shall be entitled to a prompt
written reply. In the event that such inquiry is by a discharger and
deals with matters of performance or compliance with this article
or deals with a permit issued pursuant hereto for which enforcement
activity relating to an alleged violation is the subject, receipt
of a discharger’s request shall stay all enforcement proceedings
pending receipt of the aforesaid written reply; provided, however,
the authority may take any action it deems necessary to protect its
wastewater collection and treatment system or to comply with its NPDES
permit or to comply with any contract the authority has for the treatment
of wastewater.
(Ordinance 450-12, sec. 6(F), adopted 1/19/12)
The authority, with respect to the conduct of any discharger
contrary to the provisions of this article, may authorize its attorney
to commence any legal action in a court of competent jurisdiction
for equitable and/or legal relief.
(1)
Injunctive relief.
When the authority finds that a user
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the authority may petition,
pursuant to Local Government Code, chapter 54, a district court or
other court of proper jurisdiction of the county through its attorney
for the issuance of a temporary or permanent injunction, as appropriate,
which restrains or compels the specific performance of the wastewater
discharge permit, order, or other requirement imposed by this article
on activities of the user. The authority may also seek such other
action as is appropriate for legal and/or equitable relief, including
a requirement for the user 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.
(2)
Civil penalties.
The authority may also seek to recover
civil penalties of at least $1,000.00 per day pursuant to V.T.C.A.,
Local Government Code section 54.017.
(3)
Criminal proceedings.
Notwithstanding any notice provisions
contained in this article, any person who violates, disobeys, omits,
neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this article commits an offense. The person
shall be fined at least $1,000.00 for each offense.
(Ordinance 450-12, sec. 6(G), adopted 1/19/12)
(a)
The authority may, for good cause shown, suspend water or wastewater
service to the discharger’s facility, when it appears to the
authority that an actual or threatened discharge presents or may present
an imminent or substantial danger to the health or welfare of persons
or substantial danger to the environment, interfere with the operation
of a POTW, or violate any pretreatment limits imposed by this article
or any permit issued pursuant to this article. Any discharger notified
of the suspension of the authority’s water or wastewater service
and/or the discharger’s permit shall, within a reasonable period
of time, as determined by the authority, cease all discharges. In
the event of the failure of the discharger to comply voluntarily with
the suspension order within the specified time, the authority may
commence judicial proceedings to compel the discharger’s compliance
with such order or may immediately disconnect such discharger’s
service line from the city water and sanitary sewer system. In the
case of emergency disconnection of service, the director shall make
a reasonable attempt to notify the owner or discharger before disconnecting
the service line. The party whose service has been disconnected shall
have an opportunity for a hearing on the issue of the illegal discharge
and the disconnection as soon as possible after such disconnection
has taken place.
(b)
The authority may reinstate the permit and/or the wastewater or water
service upon proof by the discharger of the cessation of the noncomplying
discharge or elimination of conditions creating the threat of imminent
or substantial danger as set forth above. The city water and/or wastewater
service shall be reconnected at the discharger’s expense.
(Ordinance 450-12, sec. 6(H), adopted 1/19/12)
(a)
Affirmative defenses to discharge violations for action in municipal
or state court.
(1)
Act of God.
In an action brought in municipal or state
court, if a person can establish that an event that would otherwise
be a violation of this article or a permit issued under this article
was caused solely by an act of God, war, strike, riot, or other catastrophe,
the event is not a violation of this article or the permit. In an
enforcement proceeding, the user seeking to establish the occurrence
of an act of God, war, strike, riot, or other catastrophe shall have
the burden of proof. In the event that an act of God, war, strike,
riot, or other catastrophe has been established, the user shall control
production of all discharges to the extent possible until such time
as the reduction, loss or failure of its treatment facility is restored
or an alternative method of treatment is provided.
(b)
Affirmative defenses to upset.
(1)
In an action brought in federal court, it is an affirmative defense
to an enforcement action brought for noncompliance with categorical
pretreatment standards that the noncompliance was caused by upset,
if the user demonstrates, through properly signed, contemporaneous
operating logs or other relevant evidence that:
(A)
An upset occurred and the user can identify the cause(s) of the upset;
(B)
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operating and maintenance
procedures; and
(C)
The user has submitted the following information to the director
within twenty-four (24) hours of becoming aware of the upset. If this
information is provided orally, a written submission shall be provided
within five (5) days:
(i)
A description of the indirect discharge and cause of noncompliance;
the period of noncompliance, including exact dates and times or, if
not corrected, the anticipated time the noncompliance is expected
to continue; and
(ii)
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(c)
Affirmative defenses to specific prohibited discharge standards.
It is an affirmative defense in federal court to an enforcement
action brought against a user for noncompliance with the general prohibitions
of section 86-88(a) [sic], or a specific prohibition of section 86-88(d)(1),
(5), (7), (14), or (17) [sic], that the user did not know, or have
reason to know, that its discharge, alone or in conjunction with discharges
from other sources, would cause pass-through or interference and that
either:
Editor’s note–The references to section 86-88 in the subsection (c) above are as set out in Ord. 450-12. There were no provisions with such numbering in the ordinance.
(1)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass-through
or interference; or
(2)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user’s prior discharge when
the city was regularly in compliance with its NPDES permit, and, in
the case of interference, was in compliance with applicable sludge
use or disposal requirements.
(Ordinance 450-12, sec. 6(I), adopted 1/19/12)
Any discharger who discharges or causes a discharge producing
a deposit or obstruction, or causes damage to or impairs the authority’s
wastewater system, shall be liable to the authority for any expense,
loss, or damage caused by such violation or discharge. The authority
shall bill the discharger for the costs incurred by the authority
for any cleaning, repair, or replacement work caused by the violation
or discharge. Failure to pay such bill may result in the termination
of water or wastewater service.
(Ordinance 450-12, sec. 6(J), adopted 1/19/12)
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or method required under this article, shall, upon conviction,
be punished by a fine of not less than $100.00 and not more than $2,000.00.
(Ordinance 450-12, sec. 6(K), adopted 1/19/12)
