Steps to be taken when water pollution is detected by the city:
(1) Notice to alleged violator. Letter shall be sent by the city to the alleged offender to notify that:
a. Discharge of wastewaters within his property appears to be in violation of law or the rules of the state water commission;
b. The city suggests that the alleged violator take immediate steps toward correcting the problem;
c. If the alleged violator finds from his evaluation that he is in violation of law or of the rules of the state water commission, he may submit an application for a waste discharge permit for the consideration of the city and the state water commission, together with a time schedule for compliance;
d. He shall be requested to contact the city within ten days so that the city can be informed as to what he proposes to do to correct the alleged violation.
(2) A copy of the letter giving notice of the alleged violator, described under subsection (1) of this section, shall be sent to the state water commission, Austin, Texas. Investigation reports and names of witnesses which are available at that time shall be attached to the letter. A carbon copy will also be sent to the Texas Water Commission, District 10, Odessa, Texas 79761.
(3) The city shall continue investigation and testing procedures as it feels is necessary to show whether a violation exists.
(4) The city may oppose the granting of a waste discharge permit, or may recommend partial granting of such, etc. The city is free to sue the polluter for violations which occurred when the polluter has no waste discharge permit.
(5) If the alleged violator is not willing to take effective steps to control his pollution sources, the responsible city authority shall send a letter to the city attorney with a request for his consideration of the information which is enclosed. All investigation reports which have been completed against this alleged violator and lists of witnesses which may be used in the prosecution of a lawsuit, and all test information should be included. A copy of this letter and attachments shall be sent to the state water commission.
(6) Information to be furnished to the city attorney in cases where suit is desired by the city:
a. Metes and bounds description of real estate, together with ownership, volume and page number and copy of latest conveyance unto owner;
b. A plan, map and aerial photograph of property in question, if available;
c. Names and addresses of all persons in possession; operators, and owners;
d. A copy, or original, of the city's file dealing with the situation problem;
e. Transcript of hearing, if any;
f. Witnesses, names, addresses and statements;
g. Copies of reports by experts and investigators;
h. Copy of all waste discharge permits, if any;
i. City's order requesting the city attorney to file and recommendation;
j. Names and telephone numbers of personnel who will be working with the city attorney on the case;
k. Other information and results of investigations such as photographs, sampling, measurements taken from testing devices or manually, diagrams, models, etc.
(Prior Code, § 16-104; Ord. No. 96-83, 12-13-1986; Ord. of 9-22-1992)