§ 56.38  SUPPLEMENTAL ENFORCEMENT ACTION.
   (A)   Performance bonds. The environmental officer may decline to issue or reissue an industrial user wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the environmental officer to be necessary to achieve consistent compliance.
   (B)   Water supply severance. Whenever a user has violated or continues to violate any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, 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.
   (C)   Public nuisances. A violation of any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the environmental officer. Any person(s) creating a public nuisance shall be subject to the provisions of the city code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.
   (D)   In addition to prohibiting certain conduct by natural persons, it is the intent of this chapter to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of his/her office or employment.
   (E)   Any user that, in violating any pretreatment standard or requirement, including any provision of this chapter, causes pass through or interference, or otherwise causes the city to violate the terms of the applicable TPDES permit issued for the operation of the POTW, and as a consequence to incur any civil or criminal penalty, shall be liable to the city for the amount of any such civil or criminal penalty, as well as any costs of compliance with any order issued by EPA, TCEQ, or any state or Federal court and, additionally, any costs and/or attorneys' fees incurred by the city in defense or compliance with such judicial or administrative action.
   (F)   Any user that violates any pretreatment standard or requirement, including any provision of this chapter, shall be liable to the city for any expense, loss, cleanup cost, damages, and/or waste disposal cost incurred by the city because of such violations. Additionally, an administrative fee of up to one-half of assessed clean-up costs may be levied by the city against the responsible violator.
(Ord. 160726-A, passed 7-26-2016)