Administrative enforcement remedies.
Houston Code of Ordinances § 47-196
in effectSec. 47-196. - Administrative enforcement remedies.
(a) Notification of violation. 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 serve upon that user a written notice of violation. Within the timeframe specified in such notice, an explanation of the cause of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Failure to comply with a notice of violation will result in escalated enforcement, including but not limited to termination of utility service in accordance with the remedies provided in this article. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b) Consent/agreed orders. The director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 47-196(d) and (e) of this article and shall be judicially enforceable.
(c) Show cause hearing. The director may order 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, to appear before the director and show cause why a termination of water/wastewater service notice should not be issued. Notice shall be served on the user specifying the time and place for the meeting, the reasons for such action, and a request that the user show cause why a termination of water/wastewater service notice should not be issued. Such notice may be served on any authorized representative of the user or designated facility contact person. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d) Administrative compliance orders. 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 issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including the installation of pretreatment facilities and additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sanitary sewer system. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. Failure to comply with any terms or requirements of a compliance order by the user shall be a basis for termination of wastewater services.
(e) Cease and desist orders. 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, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(f) Administrative fines.
(1) 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 fine such user in an amount not to exceed $2,000 including the costs of preparing administrative enforcement actions, such as notices and orders. Such fines shall be assessed on a per-violation, per-day basis. Each day of violation shall constitute a separate offense. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) When the director finds that a user has introduced or continues to introduce 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) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of five percent per month. Disconnection of water and/or wastewater service may result if the city does not receive full payment of the fines and penalties within 90 calendar days of the due date.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(g) Emergency suspensions. The director may immediately suspend a user's discharge, after informal (e.g., verbal) notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause a potential imminent or substantial endangerment to the health or welfare of persons, the environment, or the POTW.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed unless the termination proceedings in sections 47-196(h) of this article are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the director prior to the date of any show cause or termination hearing under section 47-196(c) or 47-196(h) of this article.
Nothing in subsection (g) of this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(h) Termination of discharge. In addition to the provisions in section 47-191(f) of this article, any user who violates the following conditions is subject to discharge termination:
(1) Violation of any individual wastewater discharge permit or general permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) Refusal to provide the director with reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling in accordance with subsections 47-191(b)(1)g and 47-191(f)(6); or
(5) Violation of the pretreatment standards in section 47-188 of this article.
The director shall notify a user of the proposed termination of its discharge. A user who is subject to a termination order shall be offered an opportunity to appeal the termination notice. An appeal request shall be received by the industrial wastewater service within ten calendar days of the termination notice. Exercise of discharge termination by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.
(i) Compliance conference. 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 serve upon that user a written notice to attend a compliance conference. At the date and time specified in such notice, the user shall appear at the offices of the industrial wastewater service to discuss the cause of the noncompliance and corrective actions. Failure to attend a compliance conference may result in escalated enforcement, including but not limited to termination of utility service in accordance with the remedies provided in this article. Issuance of a compliance conference notice shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. No. 2020-1024, § 2(Exh. A), 12-2-2020; Ord. No. 2021-431, § 9, 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_S47-196ADENREFetched: 10/26/2026