(A) Civil remedies. Pursuant to § 54.012(5) of the Tex. Loc. Gov't. Code, the provisions of subchapter B of Ch. 54 of the Tex. Loc. Gov't. Code are hereby implemented for any violation of this chapter, any such violation being classified by the Texas Penal Code as a Class C misdemeanor, so that the city may seek civil penalties and injunctive relief under the provisions of subchapter B of Ch. 54.
(B) Criminal penalties.
(1) Except as otherwise provided in this chapter, any person who has violated any provision of this chapter, or any order issued hereunder, shall be strictly liable for such violation regardless of the presence or absence of a culpable mental state and shall, upon conviction, be subject to a fine of not more than $2,000 per violation, per day, or any greater fine authorized by state statute. Each day, or portion of a day, for which a violation occurs shall constitute a separate violation.
(2) Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this chapter shall, upon conviction, be subject to a fine of not more than $2,000 per violation, per day, or any greater fine authorized by state statute. Each day, or portion of a day, for which a violation occurs shall constitute a separate violation.
(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 § 26.121 of the Tex. Water Code, or any rule, permit, or order of the Texas Water Commission, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the Texas Water Commission, 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 § 26.123 of the Tex. Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to § 26.124 of the Tex. Water Code. In any suit brought by the city under this subsection, the Texas Water Commission is a necessary and indispensable party.
(Ord. 1680, passed 3-10-08)