Brea Municipal Code Art. VI Legal Authority and Penalties

The City Manager is hereby charged with the legal authority and duty of enforcing all provision in this chapter. The provisions of this chapter shall be applicable to any discharge and any building, structure or property temporarily or permanently connected to the city sewer system, whether the same is owned, operated or controlled by a private party or by a public agency, other than the city, or quasi-public agency, corporation or association.

A. The city shall have legal authority to obtain remedies for noncompliance by industrial users with any pretreatment standard and requirement, including the authority to seek injunctive relief. The city shall have authority and procedures (after informal notice to the discharger) to immediately and effectively halt or prevent any discharge of pollutants that may constitute an imminent endangerment to the health or welfare of persons or to the environment, or cause interference with the operation of any treatment plant.

B. In addition to such other penalties as may be prescribed for a violation of these rules and regulations, whenever the City Manager finds that a discharge of waste has been taking place in violation of any prohibitions or limitations prescribed herein or pretreatment standards promulgated in accordance herewith, he or she may require the user to submit for his or her approval best management practice plans (BMPs) wherever necessary to implement a pretreatment program (e.g. plans ensuring industrial users conduct necessary routine maintenance, cleaning operations, chemical storage practices, segregation of wastes for reclamation, reduction of contaminated runoff, and the like). Any failure to comply with such BMPs shall likewise be deemed a violation of this article.

C. In addition to criminal penalties and administrative penalties authorized by this code, all users of the city’s system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, Santa Ana RWQCB, or the County of Orange and other regulatory agencies. These actions may be taken pursuant to the authority and provisions of several laws, including but not limited to:

1. Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. §§ 1251 et seq.);

2. California Porter-Cologne Water Quality Control Act (Cal. Water Code §§ 13000 et seq.);

3. California Hazardous Waste Control Law (Cal. Health & Safety Code §§ 25100 to 25250);

4. Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901 et seq.); and

5. Cal. Gov’t Code §§ 54739 and 54740.

D. In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory agencies or enforcement agencies based on a violation of law or regulation or its permits or the sewer WDRs, and said violation can be established by the city, as caused by the discharge of any user of the city’s sewer system which is in violation of any provision of this chapter or the user’s FOG wastewater discharge permit, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of the fines or penalties to which it has been subjected.

E. Pursuant to the authority of Cal. Gov’t Code §§ 54739 and 54740, any person who violates any provision of this chapter; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. § 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000) per violation for each day in which such violation occurs. The City Attorney, upon request of the City Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal and/or state legislative authorization.

F. Administrative civil penalties. Pursuant to the authority of Cal. Gov’t Code §§ 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates:

1. Any provision of this chapter;

2. Any condition of a FOG wastewater discharge permit, a CSA, a prohibition, or effluent limit, or any provision of the sewer WDRs; or

3. Any suspension or revocation order.

(Ord. 1137, 4-20-2010)

A. In addition to criminal penalties and administrative penalties authorized by this code, all users of the city’s system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, Santa Ana RWQCB, or the County of Orange and other regulatory agencies. These actions may be taken pursuant to the authority and provisions of several laws, including but not limited to:

1. Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. §§ 1251 et seq.);

2. California Porter-Cologne Water Quality Control Act (Cal. Water Code §§ 13000 et seq.);

3. California Hazardous Waste Control Law (Cal. Health & Safety Code §§ 25100 to 25250);

4. Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901 et seq.); and

5. Cal. Gov’t Code §§ 54739 and 54740.

B. In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory agencies or enforcement agencies based on a violation of law or regulation or its permits or the sewer WDRs, and said violation can be established by the city, as caused by the discharge of any user of the city’s sewer system which is in violation of any provision of this chapter or the user’s FOG wastewater discharge permit, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of the fines or penalties to which it has been subjected.

C. Pursuant to the authority of Cal. Gov’t Code §§ 54739 and 54740, any person who violates any provision of this chapter; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000) per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. § 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars ($25,000) per violation for each day in which such violation occurs. The City Attorney, upon request of the City Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal and/or state legislative authorization.

D. Administrative civil penalties. Pursuant to the authority of Cal. Gov’t Code §§ 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates:

1. Any provision of this chapter;

2. Any condition of a FOG wastewater discharge permit, a CSA, a prohibition, or effluent limit, or any provision of the sewer WDRs; or

3. Any suspension or revocation order.

(Ord. 1137, 4-20-2010)

Any person who violates any provision of this chapter or of a FOG wastewater discharge permit or CSA is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed one thousand dollars ($1,000), or imprisonment for not more than six (6) months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.

(Ord. 1137, 4-20-2010)

Pursuant to Cal. Code Civ. Proc. § 1094.6, the city hereby enacts this section to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus. Notwithstanding the foregoing, and pursuant to Cal. Gov’t Code § 54740.6, judicial review of a final order of the City Council or the City Manager imposing administrative civil penalties pursuant to this chapter may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which such order becomes final.

(Ord. 1137, 4-20-2010)

A. Severability. If any provision of this chapter or its application to any circumstance is held invalid, the remainder of this chapter and/or the application of such provisions to other persons or circumstances shall not be affected.

B. General application. The provisions of this chapter shall apply to all properties within the city and unincorporated areas that are served by the Brea sewer system, including those properties otherwise being exempt from payment of taxes or assessments by provisions of the State Constitution or statute, including properties owned by public agencies or tax exempt organizations.

(Ord. 1137, 4-20-2010)