§ 27-180. Enforcement.

(a)

Notice of alleged violations. Whenever the director believes that any person or permittee has violated or is violating this article and/or liquid waste transportation permit, the director or his designated representative may serve (either personally or by registered or certified mail) upon such person or permittee a written notice stating the nature of the alleged violation. The recipient of an alleged violation notice must respond in writing to the director or his designated representative within fifteen (15) working days from the receipt of such notice.

Should the recipient of an alleged violation notice fail to respond in writing to the director within the initial fifteen (15) working-day response period, as outlined in subsection (b) below, the recipient person or permittee shall be deemed to have admitted to responsibility for the violation.

(b)

Response by persons or permittee to notice of alleged violation. The person or permittee responding to receipt of an alleged violation notice shall file written response, as required by subsection (a) above, in the most applicable of the following forms:

(1)

Should the person or permittee admit his or her responsibility for the alleged violation, the person or permittee must submit a letter report to the director which:

a.

If the nature of the violation of either the permit or this article involves a discharge or disposal of liquid waste that is prohibited herein, contains information regarding the time, date, location, cause, source, quantity, quality and concentration of the discharge or disposal and the corrective measures actually taken by the person or permittee to recover or neutralize the discharge, self-reporting notices submitted by any state, federal or other agencies having jurisdiction, and actions to be taken by the person or permittee to prevent any similar recurrent discharge or disposals; and

b.

If the nature of the violation of either the permit or this article involves an administrative or procedural noncompliance, the letter report shall contain information regarding corrective measures and time schedules the person or permittee has adopted to assure expeditious and continued compliance.

(2)

Should the person or permittees deny his or her responsibility for the alleged violation, the person or permittee must submit a letter report to the director explaining why responsibility for the alleged violation is being contested.

(c)

Legal action. In spite of any other provisions contained in this article, legal counsel of the city waterworks system is hereby authorized to seek legal and/or equitable remedies against any person or corporation believed by the department to be violating or having violated this article, the provisions of a liquid waste transportation permit, and/or federal or state laws governing water quality, industrial wastewater pretreatment, and hazardous or nonhazardous liquid waste transportation over which city waterworks system has enforcement authority. A legal proceeding prosecuted under this article does not constitute a waiver by the city waterworks system of any right to the city may have join in a legal action originating from an alternative source of law.

The city waterworks system may commence such actions for appropriate legal and/or equitable relief in courts having proper jurisdiction and may seek civil penalties and any other legal or equitable relief available under common law, chapter 54 of the Texas Local Government Code, or any other applicable local, state, or federal code or statute.

(d)

Civil penalties and costs. Each person in violation of this article shall be fined five hundred dollars ($500.00) for each separate violation. For the purpose of calculating civil penalties for noncompliance, each day on which a violation shall occur or continue shall be deemed a separate and distinct actionable offense. In addition to the penalties provided for herein, the city waterworks system may seek recovery in a court of competent jurisdiction for any actual damages to the wastewater collection treatment system or equipment required to operate, maintain and monitor the system. The city waterworks system may also seek reasonable attorney fees, court costs, and other expenses of litigation along with all other relief, both in law and in equity, to which it might be entitled. Additional recoveries and relief in law and/or equity under existing federal or state law are not precluded by specific recoveries obtained by the city waterworks system under this section of the article.

(Ord. No. 95-03, § 10, 1-17-1995)