§ 47-770. Offenses; penalty.

(a)

A person commits an offense if the person:

(1)

Uses designated groundwater as a potable water source or for a purpose prohibited in the municipal setting designation ordinance;

(2)

Fails to provide the director with a copy of the municipal setting designation certificate issued by the TCEQ pursuant to § 361.807 of the Texas Health and Safety Code within 30 days after issuance of the certificate;

(3)

Fails to provide the director with a copy of the certificate of completion or analogous documentation issued by the TCEQ or EPA showing that any site investigations and response actions required pursuant to § 361.808 of the Texas Health and Safety Code have been completed to the satisfaction of the TCEQ or EPA within the time period required; and

(4)

Fails to notify and provide documentation to the director within the time period, if any, required in the municipal setting designation ordinance that the entire non-ingestion protective concentration level exceedence zone originating from sources on the designated property or migrating from or through the designated property has been addressed to the satisfaction of the state or federal agency administering the program.

(b)

Except as may otherwise be provided, whenever in this article an act is prohibited or is made or declared unlawful or an offense or misdemeanor, or whenever in this article the doing of any thing or act is required or the failure to do any thing or act is prohibited, the violation of the provision shall be and constitute a misdemeanor punishable, upon conviction, by a fine of not less than $500.00 nor more than $2,000.00 each day that any violation continues shall constitute and be punishable as a separate offense. Any offense under this article that also constitutes a violation of any state penal law shall be punishable as provided in the applicable state law.

(Ord. No. 07-959, § 2, 8-22-07)