Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings [designated in this section] throughout. Where a definition does not appear below, additional definitions applicable to the pretreatment program may be found in law, regulation, or by ordinance. For the purpose of interpreting this article, certain words used herein are defined as follows:
Categorical user
means any discharger subject to any pretreatment standard or categorical standard or regulation containing pollutant discharge limits promulgated by the EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR chapter I, subchapter N, parts 405 through 471.
Control authority
shall be the City of Liberty Hill, its staff, or authorized representative.
Industrial user
means any user that discharges or proposes to discharge an amount of liquid waste or waterborne liquid, gaseous or solid substances in any form from any industrial, manufacturing, trade, or commercial establishment, including nonprofit organizations, governmental agencies, or business activities. Such term does not include sewage discharged from sanitary conveniences on the premises unless the sewage is commingled with wastewater containing industrial waste or other prohibited waste.
Interference
means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore causes damage to the POTW, a violation of the city’s TPDES permit, or the prevention of sewage sludge use or disposal in compliance with any federal, state or local statutory or regulatory provisions or permits.
Pass-through
means a discharge which exits the POTW in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the city’s TPDES permit, including an increase in the magnitude or duration of a violation.
Publicly owned treatment works or POTW
means a treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature, any conveyances which convey untreated wastewater to a treatment plant or treated wastewater away from the treatment plant, and any disposal facilities, including drip irrigation pumps, filters, piping, emitters and surface, and subsurface irrigation lands.
User
means the “customer,” “permit holder,” “authorized representative of business” or any discharger of nonresidential wastewater or proposed discharger to the POTW.
(Ordinance 22-O-10.12-04, sec. 13.02.73, adopted 10/12/2022)
(a) 
General prohibitions.
No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass-through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(b) 
Specific prohibitions.
No person shall discharge or cause to be discharged either directly or indirectly any of the following described substances, materials, waters, or wastes:
(1) 
Pollutants which create a fire or explosion hazard in POTW, including but not limited to waste streams with a closed-cup flash point of less than 140 degrees Fahrenheit (60 degrees Celsius) using the test method specified in 40 CFR section 261.21, or wastes that may be injurious to persons, property, or the operator of the sewage works.
(2) 
Any liquid having a temperature higher than 104 degrees Fahrenheit (40 degrees Celsius), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case any discharge which causes the temperature of the total treatment plant influent to increase at a rate of ten degrees Fahrenheit or more per hour or a combined total increase to a plant influent temperature of 104 degrees Fahrenheit (40 degrees Celsius).
(3) 
Any waters or wastes having a pH lower than 5.0 or higher than 9.0 or having any corrosive property capable of causing damage or hazards to structures, equipment, or personnel of the sewage works.
(4) 
Petroleum oil, nondegradable cutting oil, or products of mineral oil [origin] or any oils, greases, or fats in any amount.
(5) 
Wastewater which imparts color which cannot be removed by the treatment process, thereby violating the city’s TPDES permit on any permitted limit.
(6) 
Any pollutant, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW. Any pollutant, including oxygen-demanding pollutants (e.g., biochemical oxygen demand) released into the POTW in concentrations of greater than 250 mg/l. Customers whose BOD (biochemical oxygen demand) is 250 milligrams per liter (mg/l) or less will not be charged a surcharge as defined in this article for that year. Customers whose BOD exceeds 250 mg/l will be subject to having the surcharge added to their monthly sewer bill.
(7) 
Any water or wastes which contain wax, grease, or oil, plastic, or other substance that will solidify or become discernibly viscous at temperatures between 32 degrees and 150 degrees Fahrenheit, or in amounts which will cause obstruction to the flow in the POTW resulting in interference.
(8) 
Any solids, slurries, or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, but in no case solids greater than one-half inch in any dimension.
(9) 
Any pollutant which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(10) 
Any noxious or malodorous substance which, either singly or by interaction with other substances, is capable of causing objectionable odors, public nuisance, or hazard to life; or forms solids or creates any other condition deleterious to structures or treatment processes; or prevents entry into the sewers for maintenance or repair; or requires unusual provisions, alteration, or expense to handle such materials.
(11) 
Any radioactivity as radium -226 and strontium -90 greater than 34 y.c [uuc] per liter and 10 iptic [uuc] per liter respectively. In the known absence of strontium -90 and alpha emitters the known concentration shall not be greater than 1,000 v.v.c [uuc] per liter.
(12) 
Trucked waste of any kind, without expressed permission from POTW owner operator.
(Ordinance 22-O-10.12-04, sec. 13.02.74, adopted 10/12/2022)
(a) 
Surcharge established.
In addition to the treatment surcharge under section 12.03.067, as amended, a surcharge shall be applied when the BOD in discharge is found to exceed 250 mg/l at the point entering the POTW or when TSS in discharge is found to exceed 200 mg/l at the point entering the POTW or when ammonia-nitrogen is found to exceed 35 mg/l at the point of entering the POTW, or total phosphorus is found to exceed 10 mg/l. For each parameter, the surcharge added will be calculated by obtaining the product of volume discharged, the conversion factor of 8.34, the difference of the measured concentration and the limit, and the surcharge rate. The surcharge shall be calculated and applied for each parameter of concentration that exceeds the concentration limit. Surcharges under this section are as set forth in the fee schedule in appendix A of this code.
(b) 
Surcharge determination.
For significant industrial users, it shall be determined at the discretion of the city that determinations of concentration limits shall be by an independent laboratory approved by the city. The time of selection of the sample shall be at the sole discretion of the city. The applicable surcharge determined by such tests shall be retroactive for one billing period and shall continue until tests and calculations indicate that the discharge is below the concentration limit unless subsequent tests determine that the surcharge should be further increased.
(c) 
Sampling fees.
Sampling fees shall be applied to recover costs of surcharge sampling, compliance sampling, or any other sampling as necessary to carry out the purpose of this article. Recovered costs shall include sampling materials, sampling equipment, sampler base hourly rate for travel time and sample time, analysis costs, and any other costs that are incurred as a direct consequence of stated sampling.
(d) 
Storage of prohibited discharge.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(e) 
City’s right of revision.
The city reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this article.
(f) 
Dilution of discharge.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The city manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ordinance 22-O-10.12-04, sec. 13.02.75, adopted 10/12/2022; Ordinance adopting 2023 Code; Ordinance adopting 2023 Code)
(a) 
Industrial user survey.
All industrial users must submit an industrial user survey for the purpose of determining user status as to the applicability of this article. (IUS form available through the city’s public works department or by emailing Ihcompliance@libertyhilltx.gov.)
(b) 
Wastewater analysis.
If a customer is determined to be an industrial user, they must submit information to the city on the nature and characteristics of its wastewater discharge for the city’s analysis. The city may periodically require users to update this information.
(c) 
Permit fee.
When all submitted information has been evaluated by the city and found to be compliant with all requirements, an SIU (significant industrial user) permit will be issued. A permit fee as set forth in the fee schedule in appendix A of this code will be payable to the city at the time of permit issuance. This permit is renewable on a yearly basis and a permit renewal form is required by December 1st of each year if the user intends to discharge in the following year. The permit renewal fee is as set forth in the fee schedule in appendix A of this code. The city reserves the right not to renew a permit based on the compliance history of the user. (PRF form available through public works department, Ihcompliance@libertyhillx.gov.)
(d) 
Incomplete or inaccurate applications.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(e) 
Existing connections.
Any user required to obtain an industrial wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article, and who wishes to continue such discharges in the future, shall, within 90 days after the effective date of this article, apply to the control authority for a discharge permit.
(f) 
Permit amendment.
The control authority may modify an individual discharge permit, as necessary to carry out the purpose of this article.
(g) 
Permit revocation.
The control authority may revoke an individual wastewater discharge permit, as necessary to carry out the purpose of this article.
(h) 
Accidental discharge/slug discharge control plans.
The control authority shall evaluate each SIU for the possibility of slug discharges. The permittee shall submit required information on a standard form provided by the control authority. The control authority may require the permittee to develop, submit for approval, and implement a slug discharge control plan. At a minimum, provided information shall include:
(1) 
Description of discharge practices, including nonroutine batch discharges;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediately notifying the control authority of any accidental or slug discharge, as required;
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge.
(Ordinance 22-O-10.12-04, sec. 13.02.76, adopted 10/12/2022; Ordinance adopting 2023 Code)
(a) 
Pretreatment.
Users shall provide wastewater treatment as necessary to comply with this article within the time limitations specified by the EPA, the state, or the control authority, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense.
(b) 
Submission of information.
Design calculations, detailed plans, specifications, and other pertinent information relating to proposed pretreatment or processing facilities shall be submitted for review by the control authority prior to the start of their construction, if the effluent from such facilities is to be discharged into the public sewers. Failure to maintain the permit as an accurate representation of the permittee’s waste discharges to public sewers shall be cause for penalty. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge that is in compliance with this article.
(Ordinance 22-O-10.12-04, sec. 13.02.77, adopted 10/12/2022)
(a) 
Generally.
The city, and other duly authorized employees of the city acting as its duly authorized agent, shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling, and testing, in accordance with provisions of this article. The control authority shall have the right to enter the facilities of any user to ascertain whether the purpose of this article, and any wastewater discharge permit, or order issued under this article, is being met and whether the user is complying with all requirements thereof.
(1) 
Users shall allow the control authority ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional related duties.
(2) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director, his or her agents or assigns, and representatives of state and federal authority will be allowed to enter without delay for the purposes of performing their respective duties.
(3) 
The control authority shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(4) 
The control authority may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated to ensure their accuracy within plus or minus ten percent.
(5) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of [the control authority] and shall not be replaced. The costs of clearing such access shall be borne by the user.
(6) 
Unreasonable delays of more than 14 calendar days in allowing access to the user’s premises shall be a violation of this article.
(b) 
Search warrants.
If the control authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the control authority designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the control authority may seek issuance of a search warrant from the city municipal court or the Williamson County District Court of the State of Texas.
(Ordinance 22-O-10.12-04, sec. 13.02.78, adopted 10/12/2022)
(a) 
Baseline monitoring reports.
(1) 
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to, or scheduled to discharge to, the POTW shall submit to the city a report which contains the information listed in subsection (2) below. At least 90 days before beginning their discharge, new sources, and sources that become categorical industrial users after the promulgation of an applicable categorical standard, shall submit to the city a report which contains the information listed in subsection (2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Users described in subsection (1) above shall submit the information set forth below:
(A) 
Identifying information.
The name and address of the facility, including the name of the operator and owner.
(B) 
Environmental permits.
A list of any environmental control permits held by or for the facility.
(C) 
Description of operations.
A brief description of the nature, average rate of production, and Standard Industrial Classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(D) 
Flow measurement.
Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(E) 
Categorical pretreatment standards.
The categorical pretreatment standards applicable to each regulated process.
(F) 
Measurement of pollutants.
(i) 
The results of sampling and analysis from each regulated process, identifying the nature and concentration, and/or mass, for applicable standards or local limits. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures in this article. The user shall take a minimum of one representative sample to compile the necessary data.
(ii) 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance with the pretreatment standards.
(iii) 
Sampling and analysis must be performed in accordance with methods approved by the city’s public works department.
(iv) 
The city may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
(v) 
The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(G) 
Compliance certification.
A statement, reviewed by the user’s authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(H) 
Compliance schedule.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
(I) 
Signature and certification.
All baseline monitoring reports must be certified in accordance with methods approved by the city’s public works department.
(b) 
Compliance schedule progress reports.
The following conditions apply to the compliance schedule required by subsection (a)(2)(H) of this section:
(1) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) 
No increment referred to above shall exceed nine months;
(3) 
The user shall submit a progress report to the city no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) 
In no event shall more than nine months elapse between such progress reports to the city.
(c) 
Reports on compliance with categorical pretreatment standard deadlines.
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subsections (a)(2)(D) through (F) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with article.
(d) 
Periodic compliance reports.
(1) 
All categorical industrial users shall, at a frequency determined by the city, but in no case less than twice per year (June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such standards. The report shall include a record of measured or estimated average and maximum daily flows for the reporting period for regulated process streams and other streams as necessary.
(2) 
All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(3) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the city, the results of this monitoring shall be included in the report.
(4) 
All periodic compliance reports must be signed and certified in accordance with this article.
(Ordinance 22-O-10.12-04, sec. 13.02.79, adopted 10/12/2022)
(a) 
Notice of violation.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the control authority may serve upon that user a written notice of violation. Within 14 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the control authority. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the control authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. During this process, city staff will make every reasonable attempt to assist the user in drafting a plan for the satisfactory correction and prevention. However, if the user can’t or won’t comply with limitations contained in this article the city will have no choice but to move forward with other measures to protect the POTW and/or public health.
(b) 
Consent orders.
The control authority may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders and shall be judicially enforceable.
(c) 
Show cause hearing.
The control authority may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager or their designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user 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 seven days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d) 
Compliance orders.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the control authority may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the number or amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user 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 user.
(e) 
Administrative fines.
(1) 
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, a hauled waste permit, or order issued hereunder, or any other pretreatment standard or requirement, control authority may fine such user in an amount not to exceed $2,000.00. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) 
Unpaid charges, fines, and penalties shall, after 90 calendar days, be assessed an additional penalty of ten percent of the unpaid balance. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
(3) 
Users desiring to dispute such fines must file a written request for the control authority to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the control authority may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The control authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(f) 
Emergency suspension.
The control authority may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The control authority may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings of this article are initiated against the user.
(2) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under this article.
(g) 
Hearing exception.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(h) 
Termination of discharge.
Any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of individual wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
(5) 
Violation of the pretreatment standards of this article.
(i) 
Notice of proposed termination.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 22-O-10.12-04, sec. 13.02.80, adopted 10/12/2022; Ordinance adopting 2023 Code)
(a) 
Injunctive relief.
When the control authority finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the control authority may petition the city municipal court or Williamson County district court through the city’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The control 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.
(b) 
Civil penalties.
(1) 
A user who has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, a hauled waste permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $5,000.00 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
The control authority may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, regulatory penalties, and the cost of any actual damages incurred by the city.
(3) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(4) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(c) 
Criminal prosecution.
(1) 
A user who knowingly, recklessly, or with criminal negligence violates any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000.00 per violation, per day.
(2) 
A user who knowingly, recklessly, or with criminal negligence introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than $2,000.00, per violation, per day. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) 
A user who knowingly, recklessly, or with criminal negligence 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, an individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly, recklessly, or with criminal negligence renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished by a fine of not more than $2,000.00 per violation, per day.
(4) 
In the event of a second conviction, a user shall be punished by a fine of not less than $2,000.00 per violation, per day.
(d) 
Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The control authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the control authority may take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user.
(e) 
Liability.
Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.
(Ordinance 22-O-10.12-04, sec. 13.02.81, adopted 10/12/2022)