§ 34-1031. Enforcement.

(a)

[ Authority. ] The San Antonio Water System 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 San Antonio Water System'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 or entity which is reasonably believed to be violating or to have violated this division. A legal proceeding pursued 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 alterative 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, under Section 26.124 of the Texas Water Code, or any other applicable local, state, or federal code or statute.

(b)

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 not less than two hundred dollars ($200.00) nor 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 otherwise enforcing this division. All civil penalties collected by reason of enforcing this division shall be deposited in the Water Quality and Environmental Education and Enforcement Account as established by Article I, Division 8 of this chapter.

(c)

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 ensure 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. 83200, § 1(App. I), 11-16-95)