Administrative Remedies.

Austin City Code tit. 15, ch. 15-10, art. 12, div. 3

in effect

Austin City Code § 15-10-271 NOTICE OF VIOLATION.

§ 15-10-271 - NOTICE OF VIOLATION. (A) The director may serve a written or verbal notice of violation on a person the director determines has violated or is violating: (1) this chapter; (2) the conditions of a permit or order issued under this chapter; or (3) other pretreatment standard or requirement. (B) A notice of violation shall describe the violation and instruct the person to take immediate corrective action to prevent a recurrence of the offense. A notice of violation may state that, no later than the date specified by the director, a person must provide to the director an explanation of the violation and a plan for the specific actions to be taken to satisfactorily correct and prevent any recurrence of the violation. (C) A person who submits a proposed corrective plan under this section is not relieved of criminal or civil liability for a violation of this chapter. 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. Source: 1992 Code Section 18-2-271; Ord. 031204-14; Ord. 031211-11; Ord. No. 20200729-002, Pt. 46, 8-10-20.

Austin City Code § 15-10-272 VOLUNTARY COMPLIANCE.

§ 15-10-272 - VOLUNTARY COMPLIANCE. (A) The director may accept from a person responsible for a violation under this chapter a written assurance of voluntary compliance, or issue a consent order or similar document that establishes an agreement for voluntary compliance. (B) An agreement under this section must: (1) describe the violation; (2) describe the specific action the person must take to correct the violation; (3) specify the time period for the person to complete the corrective action; (4) be signed and dated by the person responsible for compliance; and (5) be judicially enforceable. (C) The director may take action to enforce compliance with an agreement under this section. Source: 1992 Code Section 18-2-272; Ord. 031204-14; Ord. 031211-11.

Austin City Code § 15-10-273 SHOW CAUSE HEARING.

§ 15-10-273 - SHOW CAUSE HEARING. (A) The director may order a person responsible for a violation of this chapter, a permit, or a pretreatment standard or requirement to appear before the director and show cause why a proposed enforcement action should not be taken. (B) The director shall serve notice to a person under this section including: (1) the time and place for a hearing; (2) the nature of the violation; (3) the proposed enforcement action; (4) the reasons for the enforcement action; and (5) a request that the person show cause why the proposed enforcement action should not be taken. (C) The director must serve notice under this section in person or by certified mail, return receipt requested, no later that the third day before the hearing. Notice may be served on an employee, agent or other authorized representative of a person responsible for a violation. (D) The director may take immediate enforcement action following the noticed hearing. (E) The director is not required to hold a show cause hearing prior to taking action against a person for a violation of this chapter. Issuance of notice under this section does not prevent the director from pursuing emergency action if the director determines the action is required to prevent pass through, damage to the POTW or sanitary sewer, or interference with the POTW. Source: 1992 Code Section 18-2-273; Ord. 031204-14; Ord. 031211-11.

Austin City Code § 15-10-274 COMPLIANCE ORDER.

§ 15-10-274 - COMPLIANCE ORDER. (A) If the director determines that a person has violated or continues to violate this chapter, a permit, enforcement order, or a pretreatment standard or requirement, the director may issue an order to the person directing the person to correct the violation within a specified time period. (B) If a person does not comply within the time period provided, the director may discontinue and disconnect water or wastewater service to the non-compliant premises unless the person installs and operates a treatment facility, device, or equipment sufficient to ensure compliance. (C) The director may order other requirements necessary to protect the POTW or sanitary sewer including additional self-monitoring, reporting and waste management practices designed to minimize the amount of pollutants discharged to the POTW. (D) The director shall not issue a compliance order that extends a compliance deadline established for a pretreatment standard or requirement established by federal law or by EPA order or regulation. Source: 1992 Code Section 18-2-274; Ord. 031204-14; Ord. 031211-11.

Austin City Code § 15-10-275 CEASE AND DESIST ORDER.

§ 15-10-275 - CEASE AND DESIST ORDER. If the director determines that a person is violating this chapter, a permit, or enforcement order, or that past violations committed by the person are likely to recur, the director may issue an order directing the person to: (1) immediately cease and desist the violations; (2) immediately comply with requirements of this chapter, a permit, or enforcement order; and (3) take necessary remedial or preventive action to address a present, continuing or threatened violation, including halting operations or terminating the wastewater discharge to the POTW. Source: 1992 Code Section 18-2-275; Ord. 031204-14; Ord. 031211-11.

Austin City Code § 15-10-276 PERMIT CANCELLATION.

§ 15-10-276 - PERMIT CANCELLATION. The director may cancel a permit for the following reasons: (1) abandonment of the permitted facility; (2) vacancy or nonuse of the permitted facility for 90 days or more; (3) cessation of operations that required a permit; (4) transfer of the permitted facility to a new owner, occupant or manager; or (5) issuance of a new or modified permit. Source: 1992 Code Section 18-2-276; Ord. 031204-14; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT15UTRE_CH15-10WARE_ART12ENPEAP_DIV3ADREFetched: 10/27/2026