Chapter 13.88 — ADMINISTRATION

The operation, maintenance and repair of the wastewater treatment facilities, to include both collection and treatment facilities, shall be financed by user classification charges.

(Ord. 627A § 1 (part), 1994)

All revenues from user classification charges shall be deposited in a separate sewer account. Excess revenues may be used for capital improvements to the wastewater treatment facilities and system.

(Ord. 627A § 1 (part), 1994)

The charges fixed in Section 13.80.210 for any premises shall be collected as a part of the annual general county tax bill in accordance with the provisions of the Health and Safety Code Section 5473.

(Ord. 674, 1998: Ord. 627A § 1 (part), 1994)

Revenues from connection and inclusion fees shall be deposited in a capital improvement account for capital expenditures on the wastewater treatment system only.

(Ord. 627A § 1 (part), 1994)

The public works department is authorized and empowered to adopt such rules and regulations as may be deemed reasonably necessary to protect the sewer system, to control and regulate the proper use thereof

and to provide for the issuance of permits; provided, however, that such rules and regulations shall not become effective until approved by the city council, and a copy of such rules and regulations is filed with the city clerk.

(Ord. 627A § 1 (part), 1994)

A.

Any person found to be violating any provision of this chapter and Chapters 13.76 to 13.84 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B.

Any person who continues any violation beyond the above time, or who violates provisions of this chapter and Chapters 13.76 to 13.84 is guilty of an infraction.

C.

Any person violating any of the provisions of this chapter and Chapters 13.76 to 13.84 is liable to the city for any expense, loss or damage occasioned the city by reason of such violation.

D.

Any person found to be in violation of any provisions of this chapter and Chapters 13.76 to 13.84 shall within a specified time in the written notice submit to the city a plan for the satisfactory correction thereof.

E.

If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this division, federal or state pretreatment requirements or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the appropriate court of this county.

(Ord. 627A § 1 (part), 1994)

A.

The public works department is charged with the duty of enforcing the provisions of this chapter and Chapters 13.76 to 13.84 and the rules and regulations adopted as provided in this chapter and Chapters 13.76 to 13.84.

B.

The public works department and the duly authorized agents and employees of the city are authorized and shall be permitted to enter upon all properties at all reasonable times for the purpose of inspection, observation, measurement, sampling, testing or other reasons, to assure the enforcement and proper application of all the provisions of this chapter and Chapters 13.76 to 13.84 and the rules and regulations adopted by the department as provided in this chapter and Chapters 13.76 to 13.84.

C.

Notification of Violation. When the department finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the department may serve upon that user a written notice of violation. Within ten days of the receipt 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 by the user to the department. 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. Nothing in this section shall limit the authority of the department to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

D.

Consent Orders. The department may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 13.88.070(F) and (G) of this chapter and shall be judicially enforceable.

E.

Show Cause Hearing.

The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the public works department to:

a.

Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

b.

Take the evidence;

c.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council for action thereon.

At any hearing held pursuant to this division, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

F.

Compliance Orders. When the department finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the department may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

G.

Cease and Desist Orders. When the department finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the department may issue an order to the user directing it to cease and desist all such violations and directing the user to:

Immediately comply with all requirements; and

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

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

H.

Administrative Fines.

When the department finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the department may fine such user in an amount not to exceed one thousand dollars. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

Unpaid charges, fines and penalties shall, after thirty calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one and one-half percent per month. A lien against the user's property will be sought for unpaid charges, fines and penalties.

Users desiring to dispute such fines must file a written request for the department to reconsider the fine along with full payment of the fine amount within thirty days of being notified of the fine. Where a request has merit, the department may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The department may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

I.

Emergency Suspensions. The department may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The department may also immediately suspend a user's discharge, after notice and opportunity

to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the department may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The department may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the department that the period of endangerment has passed, unless the termination proceedings in subsection J of this section are initiated against the user.

A user that is responsible, in whole or in part, for any discharge presenting 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 department prior to the date of any show cause or termination hearing under subsection E or J of this section.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

J.

In addition to the provisions in Section 13.80.100 of this division, any user who violates the following conditions is subject to discharge termination:

Violation of wastewater discharge permit conditions;

Failure to accurately report the wastewater constituents and characteristics of its discharge;

Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

Violations of the pretreatment standards in Section 13.76.080 of this division.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection E of this section why the proposed action should not be taken. Exercise of this option by the department shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. 627A § 1 (part), 1994)

A.

Injunctive Relief. When the department finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the department may petition the Shasta County municipal court, Anderson branch through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this division on activities of the user. The department may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

B.

Civil Penalties.

A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of one thousand dollars per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

The department may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

In determining the amount of civil 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 of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

C.

Criminal Prosecution.

A user who wilfully or negligently violates any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than six months, or both.

A user who wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least one thousand dollars, or be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this division, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this division 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 six months, or both.

In the event of a second conviction, a user shall be punished by a fine of not more than five thousand dollars per violation, per day, or imprisonment for not more than one year, or both.

D.

The remedies provided for in this chapter are not exclusive. The department may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the department may take other action against any user when the circumstances warrant. Further, the department is empowered to take more than one enforcement action against any noncompliant user.

(Ord. 627A § 1 (part), 1994)

A.

Performance Bonds. The department may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the department to be necessary to achieve consistent compliance.

B.

Liability Insurance. The department may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

C.

Public Nuisances. A violation of any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is declared a public nuisance and shall be corrected or abated as directed by the department. Any person(s) creating a public nuisance shall be subject to the provisions of the city code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance.

(Ord. 627A § 1 (part), 1994)

A.

Upset.

For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a.

An upset occurred and the user can identify the cause(s) of the upset;

b.

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and

c.

The user has submitted the following information to the department within twenty-four hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

i.

A description of the indirect discharge and cause of noncompliance;

ii.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

iii.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

B.

Prohibited Discharge Standards. A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 13.76.080(A) of this division or the specific prohibitions in Section 13.76.080(B) of this division if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

C.

Bypass.

For the purposes of this section:

a.

"Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.

b.

"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsection (C)(3) and (4) of this section.

a.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the department, at least ten days before the date of the bypass, if possible.

b.

A user shall submit oral notice to the department of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is

expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The department may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

a.

Bypass is prohibited, and the department may take an enforcement action against a user for a bypass, unless:

i.

Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

ii.

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

iii.

The user submitted notices as required under subsection (C)(3) of this section.

b.

The department may approve an anticipated bypass, after considering its adverse effects, if the department determines that it will meet the three conditions listed in subsection (C)(4)(a) of this section.

(Ord. 627A § 1 (part), 1994)

In the case of unusual topography or unique lot size or shape that results in a disproportionate inequity and hardship in either the application or administration of this chapter and Chapters 13.76 to 13.84, then in such event the person claiming to be aggrieved may make an appeal in the form of a written statement to the city council setting forth his basis for grievance. The city council may consider such appeal upon the merits of the individual case and may take action by motion to give individual treatment to such situation so as to create an equitable result. The action of the council taken upon such individual appeals shall not create a precedent that will bind the council to like subsequent action, except and unless such subsequent appeal be based upon substantially similar facts.

(Ord. 627A § 1 (part), 1994)

Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division, shall, upon conviction, be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both.

(Ord. 627A § 1 (part), 1994)

III. - Stormwater Quality Management and Discharge Control