R2017-135 2017-07-06 RESOLUTION NO. R2017-135
A Resolution of the City Council of the City of Pearland,Texas,authorizing the
City of Pearland to exercise its enforcement power authorized by Subchapter
H of the Texas Water Code; authorizing the City Manager or his designee to
execute any documents necessary to implement this resolution;and declaring
an effective date.
WHEREAS, Section 7.351 of the Texas Water Code authorizes a local government to institute
a civil suit under Chapter D, "Civil Penalties", Section 7.101 et seq. of the Texas Water Code, in the
same manner as the Texas Commission on Environmental Quality("TCEQ") in a district court by the
local government's own attorney for the injunctive relief or civil penalty, or both, as authorized by
Chapter 7 of the Texas Water Code against a person who has committed, is committing, or is
threatening to commit a violation of Chapter, 16, 26,or 28 of the Texas Water Code;Chapter 361,371,
372, or 382 of the Texas Health and Safety Code; a provision of Chapter 366 or 401 of the Texas
Health and Safety Code under the TCEQ's jurisdiction;Chapter 1903 of the Texas Occupations Code,
or a rule adopted under or a permit issued under those Chapters or provisions; and
WHEREAS, Section 7.352 of the Texas Water Code does not allow a local government to
exercise its enforcement power authorized by Subchapter H "Suit by Others" of Chapter 7 for a
violation of Chapter 26, "Eater Quality Control", of the Texas Water Code or Chapter 382 "Clean Air
Act", of the Texas Health and Safety Code unless the local government's governing body adopts a
resolution authorizing the exercise of the power; and
WHEREAS, Chapter 26 of the Texas Water Code contains laws designed to maintain and
improve water quality, including laws governing the storage of waste and waste discharges; and
WHEREAS, Chapter 382 of the Texas Health and Safety Code contains laws designed to
maintain and improve air quality, including laws governing emissions of air contaminants; and
WHEREAS, The City of Pearland finds it in the public interest to adopt a resolution authorizing
the City to exercise its enforcement power authorized by Sections 7.351 and 7.352 of the texas Water
Code for violations of Chapter 26 of the Texas Water Code and Chapter 382 of the texas Health and
Safety Code; and
WHEREAS, The City Council intends that the City of Pearland be empowered with all
enforcement power authorized by Sections 7.351 and 7.352 of the Texas Water Code in addition to
the City's enforcement powers under the Texas Constitution, federal and state statutes and
regulations, the City Charter, ordinances and the common law to protect the environment; ; and
WHEREAS, The City Council intends that this authorization survive any name change of the
TCEQ or the reassignment or modification of any powers to the TCEQ as well as any amendment or
recodification of the Texas Water Code that does not expressly eliminate the power authorized by this
resolution; and
WHEREAS, If the Texas Water Code is thereafter amended to limit or modify the power
authorized by Sections 7.351 and 7.352 of the Texas Water Code, the City Council intends that the
City continue to be empowered to exercise any and all enforcement that such statutory amendment or
limitation may permit; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City of Pearland is hereby authorized to exercise all powers authorized
by Sections 7.351 and 7.352 of the Texas Water Code, as amended.
Section 2. That these enforcement powers, which shall authorize actions respecting
past, present, and future violations, are in addition to the City's other enforcement powers to protect
the environment; and shall survive any name change of the TCEQ or the reassignment or
modification of any powers of the TCEQ.
Section 3. That the City Manager or his designee is authorized to sign any documents
necessary to implement this resolution.
Section 4. That this resolution shall be effective at the time of its adoption.
PASSED, APPROVED and ADOPTED this the 6th day of July, A.D,., 017.
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TOM REID
MAYOR
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APPROVED AS/TO FORM:
DARRIN M. COKER
CITY ATTORNEY