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Sec. 86.117. Penalties. <br /> <br />(a) Any person who knowingly, willfully or negligently violates any provision of this division <br />or any order or permit issued under this division, or who fails to comply with any section of this <br />division, or makes a false statement, representation or certification, or falsifies, tampers with or <br />renders inaccurate any monitoring device or method shall, upon conviction, be guilty of a <br />misdemeanor, punishable by a fine not to exceed $1000.00 for each offense. Each day that the <br />violation occurs or continues constitutes a separate offense. <br /> <br />(b) Any person violating this division is liable to the city for any expense, loss or damage <br />incurred by the city because of the violation. In addition to the penalties provided in this section, <br />the city may recover reasonable attorney's fees, court costs, court reporter's fees and other <br />expenses of litigation by appropriate suit against the person fbund to have violated this division <br />or the orders, rules, regulations and permits issued under this division. <br /> <br />(c) The control authority is granted a rain/mum penalty authority of $1,000.00 in accordance with <br />40 CFR 403.8(f)(1)(vi)(A). The control authority may impose additional penalties as described <br />in section 86.117. The control authority is further authorized to prosecute and seek all criminal <br />and civil remedies in the various courts as set forth in Texas Water Code Chapter 26, Water <br />Quality Control, Subchapter D-Prohibition Against Pollution; E~ffomement, and Subchapter E- <br />Anthofity of Local Government, for all violations of this division or violations of any conditions <br />of a permit granted by the control authority. <br /> <br />Sec. 86.118. Legal actions and administrative orders. <br /> <br />(a) If any person discharges sewage, industrial waste or wastes into the city's wastewater disposal <br />system contrary to this division, state requirements, federal pretreatment requirements or any <br />order of the city, the city attorney may cormnence an action for appropriate legal and/or equitable <br />relief including injunctive relief in a court of competent jurisdiction. <br /> <br />(b)The director or other official having responsibility for operations of the city's sewer systems <br />and enforcement of this division has authority to use the following types of administrative orders <br />for correction of violations. <br /> <br />(c) Cease and desist order. A cease and desist order directs a user or other person to <br />immediately halt illegal or unauthorized discharges. A cease and desist order may be issued <br />immediately upon discovery ora problem and, in emergencies, may be given by telephone. A <br />subsequent written order shall be served either in person or by registered mail. If necessm~, <br />regardless of the user's compliance status, immediate cessation of any discharge to the city's <br />collection system may be ordered. A cease and desist order may also be used to suspend or <br />permanently revoke industrial wastewater discharge permits. Ifa user fails to comply with the <br />order, the city may take independent action to halt a discharge, such as terminating water service <br />or blocking a user's connection point. <br /> <br />(d) Consent order. A consent order between the city and user shall contain three elements: <br /> <br />13 <br /> <br /> <br />