(a) 
Authority to enforce.
The director may enter the premises if the director has probable cause to believe there is a violation of this article. Persons shall allow inspecting or monitoring personnel ready access to all parts of the premises for inspection, monitoring, records examination and copying, and the performance of any additional duties.
(1) 
Where security measures in force that require proper identification and clearance before entry into premises, that person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director will be permitted to enter without delay to perform specific responsibilities.
(2) 
The director shall have the right to set up on any person's property such devices as are necessary to conduct monitoring of any person's operations.
(3) 
Unreasonable delays in allowing inspecting or monitoring personnel access to any person's premises shall be a violation of this article.
(b) 
Stop work order.
Whenever the director finds that any operator of a construction site has violated, or continues to violate, any provision of this chapter, or any order issued under it, the director may issue a "stop work order" to the operator, posted at the construction site, and distributed to all city departments and divisions whose decisions affect any activity at the site. Unless express written exception is made by the director, the "stop work order" shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the city associated with a building permit, grading permit, site development plan approval, or any other city approval necessary to commence or continue construction or to assume occupancy at the site. Issuance of a "stop work order" shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(c) 
Notice of violation.
Whenever the director finds that any user or operator has violated, or continues to violate, any provision of this chapter, or any order issued under it, the director may issue a "notice of violation" to the user or operator. The issuance of a "notice of violation" shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(d) 
Noncompliance.
If compliance is not achieved to the city's satisfaction, the city may, at its discretion, report the noncompliance to the EPA.
(Ordinance 8140, § 1, adopted 3/20/2003; Ordinance 2025-11144 adopted 8/28/2025)
(a) 
A user who violates any provision of this chapter, a wastewater discharge permit, a liquid waste hauler 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, or imprisonment as decided by an appropriate court, or both, as permitted in Chapter 54 of the Texas Local Government Code.
(b) 
A user who negligently 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 the same penalties described in subsection (a) of this section. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 
A user who 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 chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to the same penalties described in subsection (a) of this section.
(d) 
Criminal responsibility:
A culpable mental state is not required to prove an offense under this chapter. A person is criminally responsible for a violation of this chapter if:
(1) 
The person commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or
(2) 
The person owns or manages the property or facilities determined to be the cause of the illegal discharge under section 41-71 [sic] (inadmissible discharges), section 41-33 [sic] (national categorical pretreatment standards), section 41-38 (compliance monitoring; reporting requirements), section 41-61 (general prohibitions), section 41-62 (specific prohibitions and requirements), or section 41-67 (acts adversely affecting water quality).
(e) 
Enforcement.
Any employee certified or licensed by the State of Texas for water, wastewater (sanitary sewer), or irrigation systems work and working as an environmental specialist or technician, or any employee licensed or certified by the State of Texas for code enforcement, may enforce the provisions of this chapter, and may issue a citation to a person the employee reasonably believes to be in violation thereof. In addition and including the foregoing employees, any employee certified or licensed by the State of Texas to work on water, wastewater (sanitary sewer), or irrigation systems, or any other suitable person designated by the director, may enforce the provisions of the water management plan and may issue a citation to a person the employee reasonably believes to be in violation thereof.
(Ordinance 8140, § 1, adopted 3/20/2003; Ordinance 8658, § 1, adopted 6/29/2006; Ordinance 2019-10183, § 4, adopted 4/18/2019; Ordinance 2025-11144 adopted 8/28/2025)
The remedies provided for in this chapter are not exclusive of any other remedies that the city may have under state or federal law or other city ordinances. The city may take any, all, or any combination of these actions against a violator. The city may take more than one (1) enforcement action against any violator. These actions may be taken concurrently.
(Ordinance 8140, § 1, adopted 3/20/2003)
(a) 
Emergency suspensions.
The director may immediately suspend a user's water and wastewater service, after informal notice to the user, whenever a suspension may stop an actual or threatened discharge which reasonably appears to present or to cause an imminent or substantial danger to the health or welfare of any person. No hearing is required before emergency suspension of water or wastewater service. The director may also immediately suspend a user's water and wastewater service, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, a danger to the environment.
(b) 
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 director may take such steps as may be necessary, including immediate severance of water service and/or the sewer service, to prevent or minimize damage to the POTW, Its receiving stream, or danger to any individual. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of danger has passed.
(c) 
A user that is responsible, in whole or in part, for any discharge presenting imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing.
(Ordinance 8140, § 1, adopted 3/20/2003)
(a) 
Causes for termination of water and wastewater disposal service.
In the following situations, the director may terminate water service and wastewater disposal service and immediately disconnect an industrial user from the system:
(1) 
When the industry releases to the sewer any acids, alkalis, or other chemicals damaging to sewer lines or treatment processes.
(2) 
When the industry is in violation of this chapter.
(3) 
When any governmental agency or the TRA informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a water course and the director finds that the industry is delivering wastewater to the city's public sewer system that significantly negatively impacts TRA's facility. The industry's water and wastewater lines may be disconnected when the city is informed by TRA that the effluent can no longer be discharged to a water course. The industry's water and wastewater treatment service may remain disconnected until such time as the industry has provided additional pretreatment facilities designed to remove the objectionable characteristics or pollutants from its industrial wastes.
(4) 
When the industry delivers its wastewater at an uncontrolled, variable rate insufficient quantity that it causes an imbalance in the wastewater treatment system.
(5) 
If false information is transmitted to the director through permit applications, monitoring reports or other reports required under a city, state, or federal pretreatment program.
(6) 
Violation of wastewater discharge permit conditions;
(7) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; or
(8) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
(9) 
Failure of an industry to pay monthly bills for water and/or sanitary sewer services when due, including sampling cost, or failure to pay the established surcharge for industrial waste when due.
(10) 
In other cases of emergency, when necessary to protect the general health, safety or welfare of persons.
(b) 
Right to disconnect.
The director's right to disconnect any industry from city services for the above reasons does not interfere with or negate the city's right to seek other available legal remedies including but not limited to revocation of the industry's discharge permit and civil or criminal penalties.
(c) 
[Right to inspect.]
As a condition of the city providing water service, directly or indirectly, to property; whether within or outside the corporate limits, and as a condition of connection to the public potable water system by customers under this chapter, any authorized officer or employee of the city may enter, inspect, monitor or conduct enforcement activities with respect to any part of the public or private potable water system servicing such premises, may enter without delay, upon, or through any premises to gain access to a cross-connection backflow prevention assembly or piping, and without limitation may inspect any customer's potable water system or piping or records pertinent to it. This right of entry extends to public streets, easements, and private property within which any portion of the public or private potable water system servicing such premises may be located.
(d) 
[Remove security barriers.]
Each consumer connected to the public potable water system shall make all necessary arrangements, at its expense, to remove without delay security barriers or other obstacles to access by the director.
(e) 
[Obstruct access.]
It is unlawful for any person to obstruct or unreasonably delay allowing access by the director to premises connected to the public potable water system.
(f) 
Notice of violation (NOV).
Whenever the director determines that any person has violated or is violating this article, the conditions of registration as a certified technician, installation requirements of a backflow prevention assembly under this chapter, or any other cross-connection protection requirement, the director may but is not required to serve on the person a written NOV describing the violation and the action required to correct it. An NOV may inform the recipient that, within five (5) calendar days of its receipt; the person receiving it shall provide to the director an explanation of the violation and a plan for its satisfactory correction and prevention including specific actions for correction of the violation.
(g) 
[Submission.]
Submission of the proposed corrective plan does not relieve the user of criminal or civil liability for violation of this chapter whether before or after receipt of the NOV.
(h) 
Show cause hearing.
The director may order a user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit, an order, or any other pretreatment standard or requirement to appear before the director and show cause why a 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 ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing is not a bar against or a prerequisite for taking any other action against the user.
(i) 
Compliance orders.
When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, an order, or any other pretreatment standard or requirement, the director may issue an order to the user directing that the user come into compliance within a specified time. If the user does not come into compliance within the time limit provided, the director may discontinue sewer service unless the user installs and properly operates adequate treatment facilities, devices, or other related appurtenances. Compliance orders also may contain other requirements to address the noncompliance, including additional self monitoring and management practices designed to minimize the 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 is not a bar against or a prerequisite for taking any other action against the user.
(j) 
Cease and desist orders.
When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, an order, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all requirements, and to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order is not a bar against, or a prerequisite for, taking any other action against the user.
(k) 
[Authority of director.]
Nothing limits the authority of the director to pursue any other enforcement action or remedy, including, emergency actions, without first issuing an NOV.
(l) 
[Liable to city.]
Any person violating any of the provisions of this article is liable to the city for any expenses loss, or damage occasioned by the city because of the violation.
(m) 
[Disposal.]
If any waste material regulated by this chapter is improperly disposed, dumped or stored on private or public property, the person responsible for disposing, dumping or storing the regulated waste material shall properly dispose of the waste material and clean up the contaminated area. If this material is located on private property and the person responsible for disposal or dumping of this waste material is not the owner or person who has control of the property, the owner or person who has control of the property shall properly dispose of the waste material and clean up the contaminated area under one of the following conditions:
(1) 
The person responsible for depositing the waste cannot be identified or;
(2) 
The responsible person is identified but refuses to clean up the property. Failure of the responsible person to clean up the material described in this section is a violation of this chapter; or
(3) 
The responsible person has been identified, but the owner or other person who has control of the property where the violation exists refuses to allow access to the property for proper cleanup.
(n) 
[Reimburse the city.]
If the city cleans up any waste material regulated by this chapter the person responsible for the disposal or dumping of this material shall reimburse the city for all cleanup and disposal cost incurred by the city. If the responsible party can not be identified and the waste material is located on private property, the owner of the property shall reimburse the city for any cleanup and disposal cost incurred by the city.
(Ordinance 8140, § 1, adopted 3/20/2003)
When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition the appropriate 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 wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The director 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.
(Ordinance 8140, § 1, adopted 3/20/2003)
(a) 
A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) 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.
(b) 
The director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(c) 
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.
(d) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ordinance 8140, § 1, adopted 3/20/2003)
(a) 
If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this article are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this chapter.
(b) 
Applicability of more stringent discharge limits.
An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:
(1) 
If the governmental entity has more stringent discharge limits than those prescribed by this chapter, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as part of the governmental entity's wastewater pretreatment program, the more stringent discharge limits shall prevail.
(2) 
The director is authorized to issue a discharge permit to an industrial user affected by subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the director may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the director an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(3) 
If the director chooses not to issue or amend a permit under subsection (2) the director shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.
(4) 
The more stringent discharge limits cease to apply upon termination of the city's wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the government entity or the United States Environmental Protection Agency. The director shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection (4).
(c) 
Variances in compliance dates.
The director may grant a variance in compliance dates to an industry when, in the director's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the director grant a variance in compliance dates to an industry affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency.
(d) 
Authority to regulate.
The director may establish regulations, not in conflict with this chapter, other laws, to control the disposal and discharge of industrial waste into the wastewater system and to insure compliance with the city's pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made part of any discharge permit issued to an industrial user by the director.
(Ordinance 8140, § 1, adopted 3/20/2003)
(a) 
Upset provision.
(1) 
For the purposed of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (c) below, are met.
(3) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, 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 workman-like manner and in compliance with applicable operation 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 must be provided within five (5) days:
1. 
A description of the indirect discharge and cause of noncompliance;
2. 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4) 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) 
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon deduction, loss, or failure of its pretreatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
In an action brought in municipal or state court only:
(b) 
Act of God provision.
(1) 
An event that would otherwise be a violation that is caused solely by an act of God, war, strike, riot, or other catastrophe is not a violation.
(2) 
In any 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.
(3) 
In the event that (a) and (b) above has been demonstrated the user shall control production of all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided.
(c) 
Bypass.
(1) 
For the purposes of this section:
a. 
"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
b. 
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (3) and (4) of this section.
(3) 
a. 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the director at least ten (10) days before the date of the bypass, if possible.
b. 
A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, Including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(4) 
a. 
Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless.
1. 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
2. 
There was no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
3. 
The user submitted notices as required under paragraph (3) of this section.
b. 
The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three (3) conditions listed in paragraph (4)a. of this section.
(Ordinance 8140, § 1, adopted 3/20/2003)
This ordinance sets forth uniform requirements for users of the publicly owned treatment works for the City of Irving and enables the City of Irving to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403).
(Ordinance 8140, § 1, adopted 3/20/2003)