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9/28/2023 - NOTICE: Statement of District rules on tampering with water system
The following is a substantive statement of certain rules (the “Rules”) adopted by the Board of Directors of Brushy Creek Municipal Utility District (the “District”) and the penalties for their violation pursuant to Section 54.205 of the Texas Water Code.
The general purposes of the Rules are to generally prevent tampering, bypass or diversion of water or wastewater service; to prohibit theft of water service; to achieve compliance with the District’s municipal stormwater program and erosion control requirements for protection of surface water; to prohibit unauthorized disposal of wastes in District receptacles or on District lands; to prohibit the unauthorized trimming or cutting of trees on District lands; and to require compliance with the District’s water conservation and drought contingency rules to conserve water supplies.
Breach of the Rules will subject the violator to a penalty, payment of all costs incurred by the District, and/ or termination of water services. Set forth below is a summary of the penalties applicable to different violations of the Rules:
| RULE PROHIBITIONS |
PENALTIES |
| Tampering, bypassing, diversion, and/or defacement of the District’s water or wastewater systems, including theft of service, unauthorized disconnection of a meter, removal of a locking or shut-off device, unauthorized diversion of service; unauthorized alteration or modification of the District’s equipment; unauthorized tapping into the District’s water or wastewater systems; altering, changing, defacing, damaging, removing, interfering with, opening, or closing any water meter or other property or equipment owned or controlled by the District; marring or defacing any building, equipment, or other property owned or operated by the District; damaging, removing, destroying or interfering with any fence, gate, or other enclosure owned or controlled by the District, or damaging, removing, destroying, or interfering with any sign or emblem on any structure or equipment owned or operated by the District; or defacing, writing or marking, cutting, printing, stamping, indenting or displaying any word, sentence, symbol or figure on property owned or operated by the District. |
$500 and criminal prosecution for theft of meter.
Termination of water and/or wastewater service to any and all premises, lands, buildings or structures that have received water/wastewater service without authorization.
In instances where unauthorized service is obtained by removing a locking or shut-off device used by the District to discontinue service, a civil penalty of $150 shall be assessed for the first violation. A second violation will result in a civil penalty of $250, and any subsequent violation will result in a civil penalty of $500.
In instances where unauthorized service is obtained where no meter or other measuring device is installed, the person shall pay a civil penalty of $500.00.
|
Erosion Control Rule Violations
Failure to provide Erosion Control Plan
Commencing construction without approved Erosion Control Plan and erosion control
Failure to repair or replace erosion control devices within 48 hours after notification.
|
$250 per day until plan is filed
$500.00 plus $500.00 per day fee until Erosion Control Plan is approved and facilities are in place.
$500 plus $250 per day thereafter until corrected
|
| Unauthorized disposal of waste or use of District’s garbage receptacles |
$500 |
| Unauthorized disposal of waste materials onto District lands |
$500 |
Unauthorized cutting of trees or limbs located on District Property
|
$500 per tree (in addition to payment of the costs of replacement of the tree)
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Violation of Illicit Discharge, Detection and Elimination Rules, including unauthorized discharges into the District’s municipal separate stormwater system
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$100.00 dollars per violation per day the violation continues
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Violations of any mandatory provision of the District’s Drought Contingency and Emergency Water Management Plan, including violation of water waste prohibitions and failure to comply with mandatory water use restrictions.
Note: Each day that a violation continues constitutes a separate and subsequent violation.
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1st Violation- Written notification
2nd Violation- $200 penalty
3rd Violation- $500 penalty
Subsequent Violations- Termination of Services and/or $750 penalty
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Violation of Rules for which no specific penalty amount is specified
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$5,000
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The full text of the District Rules are available at the District’s administrative office located at 16318 Great Oaks Drive, Round Rock, Texas 78681 where they may be read by any interested person.
Issued this 25 day of September 2023.
BRUSHY CREEK MUNICIPAL UTILITY DISTRICT
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