§ 34-909. Violations, defenses and enforcement.

(A)

Violations. In addition to the violations identified in Subdivision A of this division, the following described individual acts or omissions shall constitute separate and actionable violations of this division:

(a)

It shall be a violation of this Division for any person to recklessly, negligently, knowingly, or intentionally commit any act or allow any condition to exist which causes degradation of surface water which:

(1)

Is discharged from any development; and

(2)

Flows over an area within the EARZ.

Commentary: It is not the intent of this division to place an unreasonable burden on any landowner or to require any person to treat degraded surface water which originates entirely outside their property. Also, these regulations are not intended to prohibit non-polluting discharges from fire hydrant flushing, fire fighting, uncontaminated groundwater, or potable water sources.

(B)

Enforcement.

(a)

Granting of enforcement authority to SAWS.

(1)

The president/CEO of SAWS is hereby granted the authority to designate qualified SAWS personnel to enforce this division in the manner and to the extent allowed by law.

(2)

The president/CEO is specifically granted, the authority to designate qualified SAWS personnel to file notices of violations of this division and to take all necessary actions to file complaints with the Municipal Prosecutor's Office of the City of San Antonio, or other prosecuting authority for violations of this division.

(b)

Notice of violation and response. Pursuant to the responsibility established in Subsection (a) of this section and section 34-902, above, whenever the resource protection and compliance department, believes that any person has violated or is violating any provision of this division, the resource protection and compliance department may serve (either personally or by registered or certified mail) upon such person a written notice stating the nature of the alleged violation. The recipient of a violation notice issued under this Section must respond to the notice in writing to the resource protection and compliance department within fifteen (15) working days from the receipt of such notice. Should the recipient of a violation notice fail to respond in writing to the resource protection and compliance department within the initial fifteen (15) working day response period as required by this section, the recipient of the notice shall be deemed to have admitted responsibility for the violation.

(c)

Requirements of response to notice of violation. The response to a violation notice shall be in writing, and shall, at a minimum, include the following information:

(1)

A statement as to which of the violation(s) are being admitted by the respondent;

(2)

A statement as to which of the violation(s) are being contested by the respondent; and,

(3)

The grounds on which the respondent denies responsibility for each contested violation.

(d)

Grant of authority to pursue legal remedies. The SAWS legal department is hereby granted the authority to seek legal and/or equitable remedies for violations of this division, including the filing of criminal charges. For the purpose of enforcing this division the SAWS's Environmental Counsel shall represent the City of San Antonio in civil enforcement actions, by and through the San Antonio Water System, and is hereby authorized to seek legal and/or equitable remedies against any person which is reasonably believed to be violating or have violated this division. A legal proceeding prosecuted under this division does not constitute a waiver by the San Antonio Water System of any right the City of San Antonio may have to join in a legal action originating from an alternative source of law. The San Antonio Water System may commence such actions for appropriate legal and/or equitable relief in courts having proper jurisdiction and may seek civil penalties and any other legal or equitable relief available under common law, Chapter 54 of the Texas Local Government Code, or any other applicable local, state, or federal code or statute.

(e)

Penalties.

(1)

Criminal. A conviction for violation of this division shall constitute a class C misdemeanor. A person convicted of a violation of this division shall be fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. Each violation of a particular section of this division shall constitute a separate. offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this division.

(2)

Civil. A civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation of this division may be imposed. However, a civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation may be imposed for violations which cause pollution of waters flowing into a channel, stream or other conveyance which drains into or is a part of the stormwater sewer system owned or controlled by the City of San Antonio. Each violation of a particular section of this division shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of assessing civil penalties and enforcing this division.

(f)

Authority of city attorney to enforce. The grant of the authority set out in this section shall in no way diminish the authority and responsibility of the office of the city attorney to insure that this division is properly and diligently enforced, to prosecute violations of this division, and to defend the legality of this division if challenged.

(Ord. No. 81491, § 1(App. I), 1-12-95; Ord. No. 2006-02-16-0241, § 5, 2-16-06; Ord. No. 2014-08-14-0581, § 9, 8-14-14)