§ 51.082 JUDICIAL ENFORCEMENT REMEDIES.

   (A)   Injunctive relief. Whenever a user has violated a pretreatment requirement or continues to violate the provisions of this subchapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may petition a District Court of Johnson County through the City 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 subchapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.

   (B)   Civil penalties.

      (1)   Any user which has violated or continues to violate this subchapter, any order of wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 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.

      (2)   The Superintendent 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.

      (3)   In determining the amount of civil liability, the court may, in addition to the criteria established in Tex. Loc. Gov’t Code § 54.017 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, and corrective actions taken by the user, the compliance history of the user, and any other factor as justice requires.

      (4)   Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.

   (C)   Criminal prosecution.

      (1)   Any user that willfully or negligently violates any provision of this subchapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine no more than $2,000 per violation per day.

      (2)   Any user that willfully or 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 a fine not more than $2,000 per violation per day. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

      (3)   Any user that knowingly 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 subchapter, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter shall, upon conviction, be punished by a fine of not more than $2,000 per violation per day.

      (4)   In the event of a second conviction, a user shall be punished by a fine of not more than $2,000 per violation per day.

   (D)   Remedies nonexclusive. The provisions in §§ 51.081 through 51.086 are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user and these actions may be taken concurrently.

(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)

§ 51.083 SUPPLEMENTAL ENFORCEMENT ACTION.

   (A)   Performance bonds. The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has in the past failed to comply with the provisions of this subchapter, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.

   (B)   Liability insurance. The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has in the past failed to comply with the provisions of this subchapter, any order, or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge or future discharges.

   (C)   Water supply severance. Whenever a user has violated or continues to violate the provisions of this subchapter, any orders, or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply with this subchapter.

   (D)   Public nuisances. Any violation of this subchapter, wastewater discharge permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent or his or her designee. Any person(s) creating a public nuisance shall be subject to the provisions of Tex. Loc. Gov’t Code Chapter 217, Subchapter C, authorizing prohibition of such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance.

(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-20202-24, passed 4-14-20)

§ 51.084 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.

   (A)   Act of God. If an industrial user can establish that an event that would otherwise be a violation of this subchapter, or a violation of a permit issued pursuant to this subchapter, was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this subchapter or permit.

      (1)   Act of God defense.

         (a)   Act of God defense. The act of God defense constitutes a statutory affirmative defense in an action brought in municipal or state court. If a person can establish that an event that would otherwise be a violation of a pretreatment ordinance, or a permit issued under the ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of the ordinance or permit.

         (b)   An industrial user who wishes to establish the act of God affirmative defense shall demonstrate, through relevant evidence that:

            1.   An event that would otherwise be a violation of pretreatment ordinance or a permit issued under the ordinance occurred, and the sole cause of the event was an act of God, war, strike, riot or other catastrophe; and

            2.   The industrial user has submitted the following information to the POTW and the city within 24 hours of becoming aware of the event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance (if this information is provided orally, a written submission must be provided within five days):

               a.   A description of the event, and the nature and cause of the event;

               b.   The time period of the event, including exact dates and times or, if still continuing, the anticipated time the event is expected to continue; and

               c.   Steps being taken or planned to reduce, eliminate and prevent recurrence of the event.

         (c)   Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the act of God affirmative defense shall have the burden of proving by a preponderance of the evidence that an event that would otherwise be a violation of a pretreatment ordinance, or a permit issued under the ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe.

   (B)   General/specific prohibitions. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in § 51.073 if it can prove that it did not know or have reason to know that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either a local limit exists for each pollutant discharged and the industrial user was in compliance with each local limit directly prior to, and during, the pass through or interference event, or that no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its TPDES, NPDES, or TCEQ permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

   (C)   Bypass.

      (1)   (a)   BYPASS. The intentional diversion of waste streams from any portion of an industrial user's treatment facility.

         (b)   SEVERE PROPERTY DAMAGE. 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 presence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

      (2)   An industrial 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 and the Superintendent is properly notified. These bypasses are not subject to the provision of division (C)(3) and (4) of this section.

      (3)   (a)   If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten days before the date of the bypass or as soon as forseeable.

         (b)   An industrial user shall submit an oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass, including exact dates and times, and, if the bypass has 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 POTW may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

      (4)   (a)   Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass, unless:

            1.   Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

            2.   There were 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 industrial user submitted notices as required under division (C)(3) of this section.

         (b)   The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in division (C)(4)(a) of this section.

(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)

§ 51.085 SURCHARGE COSTS.

   (A)   Adoption of reasonable charges and fees. The city may adopt reasonable charges and fees for surcharges.

   (B)   Agreement to pay industrial waste charge and added costs.

      (1)   If the volume or character of the waste to be treated by the city does not cause overloading of the sewage collection system, treatment or disposal facilities of the POTW, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from the schedule of charges.

      (2)   If the volume or character of the waste to be treated by the city requires that wastewater collection, treatment, or other disposal facilities of the city be improved, expanded, or enlarged in order to treat the waste, then prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste.

      (3)   The agreement entered into pursuant to division (B) of this section shall include but not limited to:

         (a)   Amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste; and

         (b)   Operation and maintenance costs, including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead, and office expense.

      (4)   Amortization shall be completed in a maximum of a 15- year period and payment shall include all debt service costs.

   (C)   Adjustment of charges.

      (1)   The city shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing.

      (2)   Increases in charges shall be retroactive for two billing periods and shall continue for six billing periods unless subsequent tests determine that the charge should be further increased.

      (3)   The city shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year's experience.

      (4)   The city shall bill the discharger by the month. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges.

   (D)   Failure to pay bill. In addition to sanctions provided for in this subchapter, the city is entitled to exercise sanctions provided for by the subchapter for failure to pay the bill for water, sanitary sewer and industrial waste service when due.

(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)

§ 51.086 PRETREATMENT CHARGES AND FEES.

   (A)   The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:

      (1)   Fees for wastewater discharge permit applications including the cost of processing such applications.

      (2)   Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by industrial users.

      (3)   Fees for reviewing and responding to accidental discharge procedures and construction.

      (4)   Fees for filing appeals.

      (5)   Other fees as the city may deem necessary to carry out the requirements of this subchapter. These fees relate solely to the matters covered by this subchapter and are separate from all other fees, fines and penalties chargeable by the city.

   (B)   If the city selects an independent firm or laboratory to perform sampling and analyses, the city may at its option, allow the independent firm or laboratory to send invoices directly to the industrial users for services requested and approved by the city.

(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)

WASTE HAULERS

§ 51.100 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   APPROVED. Accepted as satisfactory under terms of this subchapter and is given formal approval by the Approving Authority.

   APPROVING AUTHORITY. The City of Cleburne or its duly authorized deputy, agent or representative.

   DIRECTOR. The Director of Public Works or his or her duly authorized representative.

   DISPOSAL. To discharge, deposit, inject, dump, spill, leak or place any solid, semi-solid or liquid waste such as septage waste into or on any land or water so that such waste or any constituent of such waste may enter the environment or be emitted into the air or discharged into any water course of ground waters.

   DISPOSER. A person who receives, stores, retains, processes, or disposes of septic waste.

   GENERATOR. A person who causes, creates, generates or otherwise produces septic waste.

   LIQUID WASTE. Septic waste and/or any other wastes which is nontoxic and meets the requirements of § 51.073(A).

   MANAGER. A person conducting, supervising, managing or representing the activities of a generator, transporter or disposer.

   MANIFEST SYSTEM. A system of documents or trip tickets used to track generation, transportation and disposal of waste products.

   OWNER. Any person who owns a facility or any portion of a facility.

   PERMIT. A formal written document issued to a person by the Approving Authority authorizing hauling and disposal of septage wastes.

   PERMITTEE. A person or persons granted a permit under this subchapter.

   PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.

   POTW (PUBLICLY OWNED TREATMENT WORKS). Means a treatment works as defined by Section 212 of the Federal Water Pollution Control Act, being 33 USC 1292. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes lift stations, sewers, pipes and other conveyances only if they convey wastewater to a POTW. In this subchapter, POTW shall refer to the City of Cleburne POTW.

   SANITARY SEWER. A public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which storm, surface, groundwater and other unpolluted waters are not intentionally passed.

   SEPTAGE. Wastes removed from a portable toilet, chemical toilet or septic tank.

   SPECIAL WASTES. Any liquid, semi-liquid, solid or combination thereof that because of its quantity, concentration, physical or chemical characteristics or biological properties require special handling or disposal to protect human health or the environment, excluding grease traps, grit traps, and waste oil traps.

   TANK. A device designated to contain an accumulation of septage waste which is constructed primarily of non-earthen materials such as concrete, steel or plastic to provide adequate structural support for holding of such waste.

   TCEQ. Texas Commission on Environmental Quality.

   TOXIC WASTE. Any liquid, semi-liquid, or solid waste material which has the ability to chemically produce injury once it reaches a susceptible site in or on the body.

   TRANSPORTER. A person who operates a vehicle for the purpose of transporting liquid waste.

   TRIP TICKET. A document used to designate a chain of custody and other information required by the Approving Authority.

   VEHICLE. An approved mobile device in which liquid waste may be transported upon a public street or highway.

(Ord. 3-1995-7, passed 3-28-95; Am. Ord. 05-2009-30, passed 5-26-09; Am. Ord. 04-2020-24, passed 4-14-20)