Article VI — Enforcement

The primary responsibility for enforcement of the provisions of this chapter shall be vested with the director. The director may designate as his agent employees of the county department of public works. Field inspectors or other employees so designated shall be authorized to act as agents of the CSA for and on behalf of the director, and shall possess the power to inspect and issue notices of violation pertaining to misdemeanors and infractions, and to issue cease and desist orders.

(Prior gen. code § 7-256.0

In the event the director finds that a discharge of wastewater has taken place or is likely to take place in violation of this chapter, the director may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge. The cease and desist order may provide for either immediate or delayed compliance.

A.

Immediate Remedial or Preventative Action. The director may direct that any person failing to comply with any of this chapter's prohibitions, limits, requirements or provisions comply forthwith and take appropriate remedial or preventive action as specified by the director.

B.

Submission of Time Schedule for Compliance. The director may require the user to submit for approval, with such modifications as the director deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct any violation, and the user shall comply with the time schedule.

(Prior gen. code § 7-256.1)

In case of imminent and serious injury and damage to persons or property, the director is hereby authorized to immediately correct, eliminate, or abate any condition upon any premises which has caused, causes, or threatens to cause a violation of any provision of this chapter, any applicable permit, or any other requirement of law. In the event emergency repairs, construction or other public work are performed on any premises pursuant to this section, the user responsible for the occurrence or condition giving rise to such work, the occupant of the premises and the owner of the premises shall be liable, jointly and severally, to the CSA for such emergency expenditures.

(Prior gen. code § 7-256.2)

When a user's discharge of wastes causes an obstruction, damage or any other impairment to the sewerage system, the treatment plant, or the Pleasanton collection system, the director may assess a charge against the premises for the work required to clean or repair the facility and add such charge to the annual user charge collected on the tax roll.

(Prior gen. code § 7-256.3)

A.

The director may terminate or cause to be terminated sewerage services to any premises upon a showing that:

1.

Any provision of this chapter, any applicable permit, or any other regulation has been violated or threatens to be violated; or

2.

User fees and charges have not been paid.

B.

Use of Capacity in Excess of Allocation. For purposes of termination of service, a user's use of capacity in excess of the user's allocation of capacity shall exist if the volume of the user's wastewater exceeds the aggregate volume of permitted discharge for a period of time equal to four months.

C.

Disconnection of Service. In the event of a violation culminating in the termination of sewerage service pursuant to this section, the director shall and is hereby authorized to disconnect all sewer connections to the premises.

D.

Procedure for Termination of Service. Prior to termination of service, the user shall be provided with seventeen (17) days' notice of the CSA's intention to terminate service to the user, except in the case of emergencies, in which cases no prior notice shall be necessary so long as the user is promptly given a hearing after such service is terminated. The user may request a hearing prior to termination. Such hearing shall be conducted by the director on a date not more than thirty (30) days nor less than fifteen (15) days after the mailing of said notice to the user in order to present the user with an opportunity to explain the user's failure to comply with this chapter. Absent a showing of good cause by the user, the director may terminate service.

(Prior gen. code § 7-256.4)

No person shall knowingly make or submit any false statement, representation, record, report, plan or other document or knowingly tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to this chapter. Any such falsification or tampering shall be grounds for revocation of any permit issued in addition to any punishment or remedy provided by this chapter or other applicable law.

(Prior gen. code § 7-256.5)

Any discharge of waste or other condition or act in violation of any of the provisions of this chapter, or any permit issued pursuant to this chapter, or other directive of the director authorized by the provisions of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated, removed or enjoined and damages assessed therefor, in any manner provided by law or by the abatement procedure in Chapter 15.28 of this General Ordinance Code.

(Prior gen. code § 7-256.6)

The remedies provided for in this chapter shall be cumulative and not exclusive and shall be in addition to any and all other remedies available to the CSA.

(Prior gen. code § 7-256.9)

A.

Any user, permit holder, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the director made or authorized pursuant to the provisions of this chapter, or relating to any permit issued, or interpreting or implementing the same, may file a written request with the director for reconsideration thereof within ten days of such a decision, action, finding, determination or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The director shall render a final decision within ten days of receipt of such request for reconsideration. There shall be no right to appeal such final decision to the director a second time.

B.

Any user, permit holder, applicant or other person aggrieved by the final determination of the director may appeal such determination to the board within ten days after notification of the final determination of the director, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the board within thirty (30) days from the date of filing a notice of appeal. The appellant, the director and the board shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the board may affirm, reverse or modify the final determination of the director as the board deems just and equitable and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of such appeal, the final determination of the director shall remain in full force and effect. The board's determination on the appeal shall be final.

(Prior gen. code § 7-256.10)

The director is hereby authorized to adopt rules, regulations, and procedures which are necessary or appropriate to implement the provisions of this chapter.

(Prior gen. code § 7-256.11)