Arcata Municipal Code Art. 9 Enforcement

When the City finds that any user has violated or continues to violate any provision in this Chapter, any permit or order issued pursuant to this Chapter, or any pretreatment requirement, the City may serve upon the user a verbal or written notice of violation. Within ten (10) days of the receipt of written notice of violation, the user shall submit to the City an explanation of the violation and a plan for the satisfactory correction and prevention thereof. 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 City to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord. 1461, eff. 9/18/2015)

The City may enter into a consent order, assurance of compliance, or other similar document, establishing an agreement with any user responsible for noncompliance. Such documents shall 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 this Chapter. (Ord. 1461, eff. 9/18/2015)

The City may order a user that has violated, or continues to violate, any provision of this Chapter, any permit or order issued pursuant to this Chapter, or any pretreatment standard or requirement, to appear before the City Manager and show cause why the proposed enforcement action, including but not limited to termination of sewer service, should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the 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 (10) days prior to the hearing. Such notice may be served on any authorized representative. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 1461, eff. 9/18/2015)

When the City finds that a user has violated or continues to violate any provision in this Chapter, any permit or order issued pursuant to this Chapter, or any other pretreatment standard or requirement, the City may issue an order to the user responsible for the discharge directing that the user come into compliance within a time period determined reasonable by the City. If the user does not come into compliance within the time period provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also 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 release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user. (Ord. 1461, eff. 9/18/2015)

When the City finds that a user has violated or continues to violate any provision of this Chapter, any permit or order issued pursuant to this Chapter, or any other pretreatment standard or requirement, or that past violations are likely to recur, the City may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with the requirements and take appropriate remedial or preventive action as necessary including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. (Ord. 1461, eff. 9/18/2015)

A. The City 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 City may immediately suspend a user’s discharge that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.

B. 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 City 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 City shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the permit revocation proceedings have been initiated against the user.

C. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit to the City a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, prior to the date of any show cause or termination hearing.

D. Nothing in this Section shall be interpreted as requiring a hearing prior to an emergency suspension. (Ord. 1461, eff. 9/18/2015)

A. Notwithstanding any other provision of this Chapter, the City Manager may issue an administrative complaint to any user who violates any requirement of this Chapter. The administrative complaint shall allege the act or failure to act that constitutes the violation of the Chapter, the provisions of the law that authorize civil liability to be imposed, and the proposed civil penalty.

B. The administrative complaint shall be served by personal delivery or certified mail on the person subject to the discharge requirements, and shall inform the person served that a hearing shall be conducted within sixty (60) days after the person has been served. The hearing shall be before the City Manager, or before his/her designee. The person who has been issued an administrative complaint may waive the right to a hearing, in which case no hearing shall be conducted. A person dissatisfied with the decision of the City Manager may appeal to the City Council within thirty (30) days of notice of the City Manager’s decision.

C. If after hearing or appeal, if any, or hearing before it is found that the person has violated reporting or discharge requirements, the City Manager or City Council may assess a civil penalty against that person. In determining the amount of the civil penalty, the City Manager, Director, or City Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.

D. Civil penalties may be imposed in accordance with Government Code Section 54740.5 as follows:

1. In an amount which shall not exceed two thousand dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports.

2. In an amount which shall not exceed three thousand dollars ($3,000) for each day for failing or refusing to timely comply with any compliance schedule established by the City.

3. In an amount which shall not exceed five thousand dollars ($5,000) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the City.

4. In an amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the City.

5. The amount of any civil penalty imposed under this Section which has remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force or effect until recorded with the County Recorder and when recorded, shall have the force and effect and priority of a judgment lien and continue for ten (10) years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 through 683.220, inclusive, of the Code of Civil Procedure. (Ord. 1461, eff. 9/18/2015)

Any user, permit applicant, or permit holder affected by any administrative enforcement action made by the City interpreting or implementing the provisions of this Chapter or in any permit issued herein, may file with the City Manager a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the user’s request for reconsideration. The City Manager shall make a final ruling on the appeal within fifteen (15) days of the close of the meeting.

If the ruling made by the City Manager is unsatisfactory to the person requesting reconsideration, he/she may within ten (10) days after notification of the City Manager’s action, file a written appeal to the City Council. The written appeal shall be heard by the Council within sixty (60) days from the date of filing. The City Manager’s decision, action, or determination shall remain in effect during such period of reconsideration. (Ord. 1461, eff. 9/18/2015)

When the City finds that a user has violated a pretreatment standard or continues to violate the provisions of this Chapter, a wastewater discharge permit, any order issued hereunder, or any other pretreatment requirement, the City through its City Attorney may petition the Humboldt County Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in retraining the continuance of such discharge. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement that the user remediate environmental damage. A petition of injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 1461, eff. 9/18/2015)

A. Any user who has violated a pretreatment standard or continues to violate the provisions of this Chapter, a wastewater discharge permit, any 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 ($1,000) per violation per day. Penalties shall accrue for each day of violation.

B. The City 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. (Ord. 1461, eff. 9/18/2015)

The following actions by any user may be prosecuted by the City Attorney and charged in the discretion of the City Attorney as either a misdemeanor, or an infraction:

A. The willful or negligent violation of any provision in this Chapter, any permit or order issued pursuant to this Chapter, or any pretreatment requirement.

B. The willful or negligent introduction of any substance into the POTW, which causes personal injury or property damage.

C. The knowingly making of any false statements, representations, or certifications in any application, record, report, plan or other documentation filed or required to be maintained pursuant to this Chapter, any permit or order issued pursuant to this Chapter, or the falsification, tampering with or knowingly rendering inaccurate of any monitoring device or method required under this Chapter. (Ord. 1461, eff. 9/18/2015)

The remedies in this Article are not exclusive. The City 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 City reserves the right to take other action against any user when the circumstances warrant. Further, the City is empowered to take more than one (1) enforcement action against any noncompliant user. (Ord. 1461, eff. 9/18/2015)

The Director of Environmental Services may decline to reissue a wastewater discharge permit to any user that has failed to comply with the provisions of this Chapter, any orders, or a previous wastewater discharge permit issued hereunder, unless such user files a satisfactory bond, payable to the City, of a sum determined by the Director to be necessary to achieve consistent compliance. (Ord. 1461, eff. 9/18/2015)

Whenever a user has violated or continues to violate the provisions of this Chapter, or any permit or order issued pursuant to this Chapter, water service to the user may be severed. Service will recommence upon the user’s satisfactory demonstration of its ability to comply. (Ord. 1461, eff. 9/18/2015)

Any violation of this Chapter, wastewater discharge permits, or orders issued hereunder, and the following additional conditions are hereby declared a public nuisance and shall be subject to abatement in accordance with Title V, Chapter 5 of the Arcata Municipal Code:

A. Any building sewer or sewer clean-out which contains leaks or breaks, is uncapped or improperly capped, is subject to inflow and infiltration, or contains connections other than those permitted by this Chapter.

B. The absence of a building sewer or sewer clean-out on any improved parcel.

C. The absence of a functioning on-site private sewer, when a building is dependent on a private sewer. (Ord. 1461, eff. 9/18/2015)

When a discharge of wastes causes an obstruction, damage, or any other impairment to the City facilities, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user’s normal sewer service charge. (Ord. 1461, eff. 9/18/2015)

In order to enforce the provisions of this Chapter, the City may correct any violation hereof. The cost of such correction may be added to any sewer service charge payable by the person violating the Chapter or the owner or tenant of the property upon which the violation occurred, and the City shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. (Ord. 1461, eff. 9/18/2015)

A. For the purposes of this Section:

1. "Bypass" means the intentional diversion of waste streams from any portion of a user’s treatment facility.

2. "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.

B. 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 provisions of subsections (C) and (D) of this Section.

C. Bypass Notifications.

1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director of Environmental Services, at least ten (10) days before the date of the bypass, if possible.

2. A user shall submit oral notice to the Director of Environmental Services of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) 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 Director of Environmental Services may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.

D. Bypass.

1. Bypass is prohibited, and the Director of Environmental Services may take an enforcement action against a user for a bypass, unless:

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

(b) 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

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

2. The Director of Environmental Services may approve an anticipated bypass, after considering its adverse effects, if the Director of Environmental Services determines that it will meet the three (3) conditions listed in subsection (D)(1) of this Section. (Ord. 1565, eff. 1/19/2024)

TITLE VII—PUBLIC WORKS