§ 41-71. Criminal prosecution.

(a)

A user who violates any provision of this chapter, a 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 two thousand dollars ($2,000.00) per violation, per day, or imprisonment as decided by an appropriate court, or both.

(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 11.3.A. of this chapter. 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 ordinance, 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 11.3.A. of the ordinance.

(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 sections 41-71 (Inadmissible Discharges), 41-33 (National Categorical Pretreatment Standards), 41-37 (Reporting Requirements), 41-61 (General Prohibitions), 41-62 (Specific Prohibitions), or 41-67 (Acts Adversely Affecting Water Quality).

(e)

Enforcement. Any employee certified or licensed by the State of Texas for water or sewer 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 or waste water systems, or any other suitable person designated by the director, may enforce the provisions of the city emergency water management plan and may issue a citation to a person the employee reasonably believes to be in violation thereof.

(Ord. No. 8140, § 1, 3-20-03; Ord. No. 8658, § 1, 6-29-06)

State law reference

Penalty for ordinance violation, V.T.C.A., Local Government Code § 54.001.