American Canyon Municipal Code Ch. 14.24 Enforcement

Article I Administrative Enforcement Remedies

Whenever the city manager or his designee finds that any industrial

user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the city manager or his designee may serve upon the user written notice of the violation. Within ten days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city manager or his designee. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.1, 1993

The city manager or his designee is empowered to enter into consent orders,

assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to Section 14.24.040 of this chapter.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.2, 1993

The city manager or his designee may order any industrial user which

causes or contributes to violation of this chapter a wastewater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate office. Whether or not a duly notified industrial user appears as notified, immediate enforcement action may be pursued.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.3, 1993

When the city manager or his designee finds that an industrial user has

violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.4, 1993

When the city manager or his designee finds that an industrial user has

violated or continues to violate this chapter or any permit or order issued hereunder, the city manager or his designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(A) Comply forthwith;

(B) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.

Ord. 9807 § 2, 1998

Ord. 93-01 § 513.01.5, 1993

Notwithstanding any other section of this chapter, any user who is found to

have violated any provisions of this chapter, or permits and orders issued hereunder, shall be fined an amount of at least one thousand dollars per day. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the city manager shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the city manager to reconsider the fine within ten days of being notified of the fine. Where the city manager or his designee believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the industrial user.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.6, 1993

(A) The city manager or his designee may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.

(B) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city manager or his designee shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the individuals. The city manager or his designee shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings, as set forth in Section 14.24.090 of this chapter, are initiated against the user.

(C) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city manager or his designee prior to the date of the hearing described in subsection (B) of this section.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.7, 1993

Any person who intentionally or negligently tampers with, falsifies, or

knowingly renders inaccurate, any monitoring device shall be punished by a fine of not more than ten thousand dollars or imprisoned in a county jail for not more than six months or both.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.8, 1993

(A) Significant industrial users proposing to discharge into the POTW, must first obtain a wastewater discharge permit from the city. Any user who violates the following conditions of this chapter or a wastewater discharge permit or order, or any applicable state and federal law, is subject to permit termination:

(1) Violation of permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge, including baseline monitoring report, within the required time frame;

(3) Failure to report significant changes in operations or wastewater constituents and characteristics;

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.

(B) Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause (as set forth in Section 14.24.030 of this chapter) why the proposed action should not be taken.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.9, 1993

As an alternative method of enforcing the provisions of this or any other

ordinance, rule or regulation of the city, the city manager or his designee shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the city. Upon disconnection the city manager or his designee shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system.

The city manager or his designee shall refund any part of deposit remaining after payment of all costs of disconnection and reconnection.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.01.10, 1993

If any person discharges sewage, industrial wastes, or other wastes into the

wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the city manager or his designee, through the city attorney, may commence an action for appropriate legal and/or equitable relief in the courts of Napa County.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.02, 1993

Whenever an industrial user has violated or continues to violate the provisions

of this chapter or permit or order issued hereunder, the city manager or his designee, through counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user. The city manager or his designee shall have such remedies to collect these fees as it has to collect other sewer service charges.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.02.1, 1993

(A) Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the city manager or his designee for a civil penalty of not more than twenty-five thousand dollars, but not less than one thousand dollars, plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the city manager or his designee may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

(B) The city manager or his designee shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.02.2, 1993

(A) Any industrial user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars per violation per day or imprisonment for not more than one year or both.

(B) In the event of a second conviction, the user shall be punished by a fine not to exceed three thousand dollars per violation per day or imprisonment for not more than three years or both.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.02.4, 1993

(A) Any industrial user who knowingly makes any false statements, representations, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars per violation per day or imprisonment for not more than one year or both.

(B) In the event of a second conviction, the user shall be punished by a fine not to exceed three thousand dollars per violation per day or imprisonment for not more than three years or both.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.02.5, 1993

Article II Supplemental Enforcement Remedies

The city manager or his designee shall publish, at

least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance, as defined in this chapter, with any provisions of this chapter or any permit or order issued hereunder during the period since the previous publications.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.03.1, 1993

The city manager or his designee may decline to reissue a permit to any

industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the city manager or his designee to be necessary to achieve consistent compliance.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.03.2, 1993

The city manager or his designee may decline to reissue a permit to any

industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.03.3, 1993

Whenever an industrial user has violated or continues to violate the

provisions of this chapter or an order or permit issued hereunder, water service to the industrial user may be severed by the water purveyor upon request by the city and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.03.4, 1993

Continued habitation of any building or continued operation of any industrial

facility in violation of the provisions of this or any other ordinance, rule or regulation of the city.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.03.5, 1993

(A) Industrial users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city.

(B) Existing contracts for the sale of goods or services to the city held by an industrial user found to be in significant violation with pretreatment standards may be terminated at the discretion of the city.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.03.6, 1993

Article III Affirmative Defense

(A) Any industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation, shall inform the city manager or his designee thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five days. The report shall contain:

(1) A description of the upset, its cause(s), and impact on the discharger's compliance status;

(2) The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored;

(3) All steps taken or planned to reduce, eliminate and prevent recurrence of such an upset.

(B) An industrial user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the city manager or his designee for any noncompliance with this chapter, or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.04.1, 1993

(A) A bypass of the treatment system is prohibited unless all of the following conditions are met:

(1) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater; and

(3) The industrial user properly notified the city manager as described in subsection (B) of this section.

(B) Industrial users must provide immediate notices to the city manager or his designee upon discovery of any unanticipated bypass. If necessary, the city manager or his designee may require the industrial user to submit a written report explaining the cause(s), nature, and duration of the bypass, and the steps being taken to prevent its recurrence.

(C) An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the city manager or his designee at least ten days in advance. The city manager or his designee may only approve the anticipated bypass if the circumstances satisfy those set forth in subsection (A) of this section.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.04.2, 1993

Any person violating any of the provisions of the ordinances, rules or

regulations of the city shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.05, 1993

All users are subject to all the provisions of the city enforcement

response plan.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.06, 1993

The city declares that the foregoing procedures are established as a

means of enforcement of the terms and conditions of its ordinances, rules and regulations and not as a penalty.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.07, 1993