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<br />the director or deputy director may, without prior notice, suspend city water service, sanitary <br />sewer service, and MS4 discharge access to the person causing or threatening to cause the <br />discharge when the director of the department of public works determines that the service or <br />access is an instrumentality of or contributes to the unlawful discharge and suspension is <br />necessary to stop the actual or threatened discharge. <br /> <br />(b) As soon as practicable after the suspension of service or MS4 discharge access, the public <br />works director shall notify the discharger of the suspension of service or access by <br />delivering notice by hand to the person in charge of the premises for which service is <br />terminated or access denied if such person is present on the premises. The director of <br />public works shall send a notice by certified mail, return receipt requested, to the person <br />and address identified in the city's water service records for the account at the property <br />for which service is suspended or access denied. If there is no water service account, the <br />director of public works shall send notice to the address of the owner of the property as <br />shown on the Harris County Appraisal District's appraisal roll. The notice shall specify <br />the basis for the suspension of service or access and shall order the discharger to cease <br />the discharge or threatened discharge immediately. <br /> <br />(c) If the discharger fails to comply with an order issued under subsection (b), the director of <br />public works may take such steps as the director of public works deems necessary to <br />prevent or minimize damage to the MS4 or waters of the United States or to minimize the <br />danger to persons. <br /> <br />(d) The city shall not reinstate suspended services or MS4 access to the discharger until: <br /> <br />(1) The discharger presents proof that the noncomplying discharge or threatened <br />discharge has been eliminated and its cause determined and corrected; <br /> <br />(2) The discharger pays the city for all costs the city incurred in responding to, <br />abating, and remediating the discharge or threatened discharge or otherwise <br />provides financial assurance to cover such expenses; and <br /> <br />(3) The discharger pays the city for all costs the city will incur in reinstating service <br />or access or otherwise provides financial assurance to cover such expenses. <br /> <br />( e) A discharger whose service or access has been suspended or disconnected may appeal <br />such enforcement action pursuant to section 34-197 by filing a written request with the <br />director of public works not later than the tenth day after the day the service is suspended <br />or the access denied. <br /> <br />(f) If the discharger does not pay the costs as provided by this section, the city shall be <br />entitled to a lien against the property that is the subject of the suspension of service or <br />access to recover its response costs pursuant to the procedures set out in section 34-197 <br />of this Code. <br /> <br />8 <br />