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O-2003-2642
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O-2003-2642
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Last modified
11/2/2016 3:39:11 PM
Creation date
10/30/2006 3:45:41 PM
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Legislative Records
Legislative Type
Ordinance
Date
7/28/2003
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<br />e <br /> <br />e <br /> <br />12.2 Liability Insurance <br /> <br />The Director may decline to reissue a wastewater discharge permit to any user <br />which has failed to comply with the provisions' of this ordinance, any orders, or a <br />previous wastewater discharge permit issued hereunder, unless the user first <br />submits proof that it has obtained financial assurances sufficient to restore or <br />repair damage to the POTW caused by its discharge. <br /> <br />12.3 Water Supply Severance <br /> <br />Whenever a user has violated or continues to violate the provisions of this <br />ordinance, orders, or wastewater discharge permits issued hereunder, water <br />service to the user may be severed. Service will only be reconnected, at the user's <br />expense, after it has satisfactorily demonstrated its ability to comply. <br /> <br />1204 Public Nuisances <br /> <br />Any violation of this ordinance, wastewater discharge permits, or orders issued <br />hereunder, is hereby declared a public nuisance and shall be corrected or abated as <br />directed by the Director or designee. Any person(s) creating a public nuisance <br />shall be subject to the provisions of the City Code 1358 governing such nuisance, <br />including reimbursing the City for any cost incurred in removing, abating or <br />remedying said nuisance. <br /> <br />SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS <br /> <br />13.1 Act of God. <br /> <br />A. Act of God. The Act of God defense constitutes a statutory affirmative <br />defense [Texas Water Code 7.251] in an action brought in municipal or State <br />court. If a person can establish that an event that would otherwise be a <br />violation of a pretreatment ordinance, or a permit issued under the ordinance, <br />was caused solely by an act of God, war, strike, riot or other catastrophe, the <br />event is not a violation of the ordinance or permit. <br /> <br />B. An industrial user who wishes to establish an Act of God Affirmative <br />defense shall demonstrate, through relevant evidence that: <br /> <br />1. An event that would otherwise be a violation of a pretreatment <br />ordinance or a permit issued under the ordinance occurred, and the <br />sole cause of the event was an act of God, war, strike, riot or other <br />catastrophe; and <br /> <br />2. The industrial user has submitted the following information to the <br />POTW and the City within 24 hours of becoming aware of the <br />event that would otherwise be a violation of a pretreatment <br />ordinance or a permit issued under the ordinance ( if this <br /> <br />36 <br />
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