§ 12-112. Judicial enforcement remedies.

(a)

Civil remedies.

(1)

Whenever it appears that a user has violated, or continues to violate, any provision of this article that relates to the discharge of a pollutant into the POTW, the city may petition the state district court or the county court at law, through the city attorney for either the injunctive relief specified in section 12-112(a)(2) or the civil penalties specified in section 12-112(a)(3) below, or both the specified injunctive relief and civil penalties.

(2)

The city may obtain against the violating user a temporary or permanent injunction, as appropriate, that:

a.

Prohibits any conduct that violates any provision of this article that relates to the discharge of a pollutant into the POTW; or

b.

Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to the discharge of a pollutant into the POTW.

(3)

The city may recover a civil penalty of up to but not more than $5,000.00 per day for each violation of any provision of this article that relates to the discharge of a pollutant into the POTW, if the city proves that:

a.

The defendant was actually notified of the article provision; and

b.

After the defendant received notice of the article provision, the defendant committed an act or acts in violation of the article provision or failed to take action necessary for compliance with the article provision.

(b)

Criminal penalties.

(1)

Any person who has violated any provision of this article, an industrial user wastewater discharge permit, or any order issued hereunder, or any other pretreatment standard or requirement shall be strictly liable for such violation and shall upon conviction, be subject to a fine of up to but not more than $5,000.00 per violation, per day.

(2)

Any person who has knowingly made 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, an industrial user wastewater discharge permit, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article shall, upon conviction, be subject to a fine of up to but not more than $5,000.00 per violation, per day.

(3)

In determining the amount of any fine imposed hereunder, 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 violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.

(c)

Civil suit under the Texas Water Code. Whenever it appears that a violation or threat of violation of any provision of Section 26.121 of the Texas Water Code, or any rule, permit or order of the Texas Commission on Environmental Quality, has occurred or is occurring within the jurisdiction of the City of Terrell, 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 city attorney for the injunctive relief or civil penalties or both authorized in Subsection (a) of Section 26.123 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 Section 26.124 of the Texas Water Code. In any suit brought by the city under this section 12-112(c), the TCEQ is a necessary and indispensable party.

(d)

Remedies nonexclusive. The remedies provided for in this article 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 is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.

( Ord. No. 2432, § 37, 10-15-09 )