Judicial enforcement remedies.

Houston Code of Ordinances § 47-197

in effect

Sec. 47-197. - Judicial enforcement remedies. (a) Injunctive relief. When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the director may request that the city attorney file a civil suit in a court of competent jurisdiction to enjoin, temporarily or permanently, as appropriate, the violation of any of the provisions of this article, the individual wastewater discharge permit, the general permit, the order, or other requirement imposed by this article on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (b) Civil penalties. (1) A user who has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $2,000.00 per violation. Each day that said violation shall continue shall constitute a separate offense. 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) A user who knowingly 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 penalty of not more than $4,000.00. Each day that said violation shall continue shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (3) The city may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, the cost of any actual damages incurred by the city, or any other costs incurred by the city in association with the enforcement activities. (4) In determining the amount of civil liability, the judge or jury 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 user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. (5) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (c) Criminal prosecution. (1) A user who knowingly or criminally violates any provision of this article, an individual wastewater discharge permit, or a general 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 less than $300.00, nor more than $2,000.00 per violation. Each day that said violation shall continue shall constitute a separate offense. (2) A user who introduced or continues to introduce any substance into the POTW which causes personal injury or property damage shall, be liable to the city for a maximum civil penalty of $4,000.00. Each day that said violation shall continue shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (3) A user who knowingly or criminally 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 penalty of not more than $2,000.00. Each day that said violation shall continue shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (4) A user who 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 article, individual wastewater discharge permit, or general permit or order issued hereunder, shall, upon conviction, be punished by a fine of not less than $500.00, nor more than $2,000.00 per violation. Each day that said violation shall continue shall constitute a separate offense. (5) A user who knowingly falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not less than $500.00, nor more than $2,000.00 per violation. Each day that said violation shall continue shall constitute a separate offense. (6) In the event of a second conviction, a user shall be punished by a fine of not more than $2,000 per violation. Each day that said violation shall continue shall constitute a separate offense. (d) Remedies nonexclusive. The remedies provided for in this article are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will be in accordance with the city's enforcement response plan. However, the director may take a more stringent action against any user when the circumstances warrant. (Ord. No. 2020-1024, § 2(Exh. A), 12-2-2020; Ord. No. 2021-431, §§ 10, 11, 5-26-2021)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH47WASE_ARTVINWA_S47-197JUENREFetched: 10/26/2026