Brentwood Municipal Code Art. 10 Enforcement

It is the intent of this enforcement section to provide adequate mechanisms to achieve a maximum degree of compliance with this chapter by all users. These enforcement provisions apply to all classes of users to the extent such user violates any provision of this chapter or administrative order of the city pursuant to this chapter. In order to achieve the maximum degree of compliance desired, the city will use a variety of enforcement mechanisms. The enforcement mechanisms set forth range from informal administrative action to formal criminal prosecution. The city may, in its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this chapter. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state of California and the United States of America.

Nothing in this chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this chapter which also constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean Water Act (33 USC Section 1251, et seq.); (2) the California Porter-Cologne Water Quality Act (California Water Code Section 13000, et seq.); (3) the California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250); (4) the Resource Conservation and Recovery Act (42 USC Section 6901, et seq.); and (5) California Government Code Sections 54739 through 54740.6. The referenced state and federal laws, along with other pertinent laws, provide authority for the city's enforcement mechanisms.

The enforcement mechanisms available to the city for violations of the provisions of this chapter, applicable city resolutions, and permit or permit contract provisions include, but are not limited to, the following:

A. Informal administrative action (including NOVs and warning notices).

B. Administrative orders.

C. Institution of a SEP, enforcement compliance schedule agreements (ECSA), and related administrative orders.

D. Assessment of charges for obstruction or damage to the sewerage system or operations.

E. Suspension or termination of services.

F. Administrative citations as set forth in Chapter 1.24.

G. Administrative complaint.

H. Civil action.

I. Criminal action.

(Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023)

City staff may, on an informal basis, take action against a user for minor violations or technical or clerical shortcomings of a user or a user's compliance submittals. These informal administrative actions may include informal notices (i.e., telephone calls to the user's representative), a notice of violation (NOV), and informal meetings or informal warning letters. These informal administrative actions may establish an ECSA for the user to follow in order to document compliance. Such action will not prevent a subsequent or concurrent imposition of other enforcement mechanisms.

(Ord. 941 § 2, 2015)

When the director finds that a user has violated the prohibitions or requirements of this chapter or the provisions of a wastewater permit or wastewater discharge permit contract, the city may issue an administrative order directed at those users not complying with such prohibitions, limitations, requirements, or provisions to: (1) cease to discharge immediately (suspension of service); (2) comply with requirements immediately; or (3) make such changes to their pretreatment facility and procedures immediately as to insure full compliance.

At its discretion, the city may later issue, after the issuance of the administrative order set forth above, an additional administrative order containing a compliance schedule or a time schedule setting forth dates by which specific corrective actions must be completed.

(Ord. 941 § 2, 2015)

A. Grounds for Instituting a Sampling and Evaluation Program. In addition to those grounds set forth in Section 13.04.900(E), grounds for instituting a SEP include compliance sampling or city sampling indicating a significant noncompliance. The SEP may consist of city sampling of the user's wastewater at the first opportunity convenient to the city. The city or outside laboratory will analyze these samples for the violating constituents and provide notice to the user in regard to the results of said sampling. Violations which may occur during the SEP shall constitute subsequent violations under this chapter or under any applicable law.

B. SEP Revealing Noncompliance. If the SEP reveals noncompliance by the user with the prohibitions or specific pollutant limitations specified in this chapter or in the user's permit or permit contract:

1. The user may be assessed all costs incurred during the SEP for sampling and analysis, including labor, equipment, materials, outside services, and overhead.

2. The city may place the user on a compliance schedule or undertake another SEP. The compliance schedule shall provide for minimum required actions to be undertaken by the user to alleviate the violation and a schedule for completion of said actions. The compliance schedule may include interim constituent level maximums. All violations of constituent maximums or other requirements set forth in the compliance schedule, including failure to meet schedule dates shall constitute violations of this chapter and other applicable laws, and each day a user fails to meet a schedule date shall constitute a separate violation. Any constituent limit violation during the compliance schedule period shall provide grounds for the institution of an additional SEP.

3. The city may modify an existing permit through an enforcement compliance schedule agreement (ECSA). This may be done after consultation with the user when the user has shown good faith in trying to comply but requires additional time for construction and/or acquisition of equipment related to pretreatment. The permit may be modified with the ECSA for a period of up to one hundred eighty days; however, this period may be extended for a period not to exceed an additional one hundred eighty days upon determination by the director that good cause exists for an additional period.

4. Any other enforcement mechanism set forth in this chapter or other applicable law may be commenced.

C. Continued Noncompliance after SEP or ECSA. If a user remains in noncompliance because corrective action is not taken within a reasonable time after completion of an SEP or the expiration of an ECSA, an administrative order may be issued. Any of the other enforcement mechanisms set forth in this chapter or applicable laws may also be commenced.

(Ord. 941 § 2, 2015)

When a user's discharge, whether due to negligence, accident, spill, or otherwise, causes an obstruction, damage, or any other impairment to the city's operation or facilities, the city may impose a charge on the user for the cost to clean or repair the facility; costs incurred to resume normal operations; and/or costs associated with the processing and collection of these costs. The total amount shall be paid within forty-five days of invoicing by the city. If it can be shown that the user's discharge caused or significantly contributed to the city violating its discharge requirements, or incurring additional expenses or suffering loss or damage to the operation or facilities, then the user shall pay any costs or expenses, or a prorated portion of such expenses, including assessments or penalties imposed by other agencies or the court on the city.

(Ord. 941 § 2, 2015)

A. Suspension of Service. The city may suspend the wastewater treatment service and/or a wastewater permit or permit contract by issuance of a cease and desist order when the city makes the determination that such suspension is necessary. A suspension shall be justified in order to prevent an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of individuals or the environment, causes or may cause interference to the wastewater treatment plant or other city operations, or causes or may cause the city to violate any condition of its NPDES permit. Nothing in this subsection will limit the rights of the city to suspend or terminate service pursuant to specific permit or permit contract conditions which may be more stringent.

Any industrial user notified of a suspension of service and/or the wastewater permit or permit contract shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the administrative order, the city shall take such steps as deemed necessary to prevent or minimize damage to the city's facilities or endangerment to persons or the environment. The city may reinstate the wastewater permit, permit contract, and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge.

B. Revocation of Permit/Termination of Permit Contract. Any user who violates the following conditions is subject to having its permit revoked or permit contract terminated:

1. Any user who knowingly gives or provides a false statement, representation, record, plan, or other document to the city or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter;

2. Failure of a user to factually and completely report the wastewater constituents and characteristics of its discharge;

3. Failure of the user 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 or monitoring;

5. Failure of a user to notify the city immediately of an accidental discharge and/or take appropriate corrective action to prevent a reoccurrence;

6. Failure of a user to file a periodic compliance report in such time and in such manner as is required by this chapter;

7. Significant violation(s) of the permit or permit contract requirements or conditions and/or violation of the chapter. Any violation of the discharge standards where a constituent concentration is determined to be five times the concentration standard set forth in the standard specifications for wastewater discharge limitations or any series of three or more violations of the same constituent within a one-year period, shall constitute a significant violation;

8. Failure to pay fees and charges or penalties established pursuant to this chapter.

C. Immediate Termination of Discharge. In the case of an actual or threatened discharge which reasonably appears to present an imminent danger to the health or welfare of persons, the environment, or the city or its employees or contractors, the city may, after reasonably attempting to informally notify the user, take all necessary steps to halt or prevent such discharge including, but not limited to, plugging or physically disconnecting the user's access to the city wastewater system.

(Ord. 941 § 2, 2015)

In addition to the general penalty provisions of Section 1.16.010 and the administrative citation authority of Chapter 1.24, pursuant to the authority of California Government Code Sections 54739 and 54740.5 through 54740.6, the city or city staff may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the city's requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the sewerage system or treatment works.

The penalties amounts for the following violations shall be set forth in the cost allocation plan:

A. Failing or refusing to furnish technical or monitoring reports.

B. Failing or refusing to timely comply with any compliance schedule established by the city.

C. For discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city.

D. For discharges in violation of any suspension, cease and desist order, or other orders, or prohibition issued, reissued, or adopted by the city.

(Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023; Ord. 1065, 12/12/2023)

The city may bring such civil actions as may be available at law or in equity in any court of competent jurisdiction to enforce the provisions of this chapter and to recover such charges, fees, penalties, and/or damages as may be assessed or may be incurred under the provisions of this chapter.

A. Injunction. Whenever a discharge or wastewater is in violation of the provisions of this chapter, the district may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

B. Civil Actions for Penalties. Any user who violates any provision of this chapter, permit condition or permit contract condition, or who violated any cease and desist order, prohibition, or effluent limitation, shall be liable civilly for a penalty not to exceed twenty-five thousand dollars for each day in which such violation occurs pursuant to California Government Code Section 54740. Pursuant to the authority of the Clean Water Act, 33 USCA Section 1251, et seq., any user committing a violation of any provision of this chapter, which is also a violation of a pretreatment standard, effluent standard, or limitation or other applicable provision of the Clean Water Act shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs.

C. Other Civil Actions. The city may require compliance with permit conditions or limitations by issuing administrative orders, including cease and desist orders and compliance schedules. Said orders are enforceable in a California court of general jurisdiction. The city, however, may directly undertake any court action available at law or equity, including, but not limited to, a civil action for penalties without first seeking an administrative order or making use of a compliance schedule, and it may concurrently undertake such administrative and court actions as deemed appropriate.

(Ord. 941 § 2, 2015)

A. General Criminal Penalties. Any person who violates any provision of this chapter, permit, or permit contract, or who violates any administrative order, prohibition, or effluent limitation, is guilty of a misdemeanor, and is subject to the penalty provisions of Section 1.20.010.

B. Falsifying Information. Any person 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, wastewater discharge permit contract, or 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 or imprisonment for not more than thirty days, or both. Each separate act of falsification, tampering, or knowingly rendering inaccurate any device or method, shall constitute a new and separate offense and shall be subject to the penalties contained herein.

Nothing in this section is intended to exclude the potential for prosecution under the applicable perjury statutes of the state of California to the extent such falsification was incorporated in a document signed under the penalty of perjury.

(Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023)

A. Notification to User. Whenever the director finds that any user has violated or is violating the provisions of this chapter, a wastewater permit, wastewater discharge permit contract, or any prohibition, limitation, or requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of this notice, a plan for the satisfactory correction of the violation shall be submitted to the city by the user.

Whenever the city assesses a penalty or other form of enforcement action under the provisions of this chapter, the city shall serve upon such user a written notice stating the nature of the enforcement action being taken.

B. Notification to City. When a user discovers that it has violated or is violating a provision of this chapter, its wastewater discharge permit, its wastewater discharge permit contract, or any prohibition, limitation, or requirement contained therein, including a violation as may be caused by accidental discharge or spill, the user shall immediately notify the director upon discovery of such violation. Thereafter, within fifteen days following the accidental discharge or discovery of a violation, the user shall submit to the director a detailed, written report, describing the accidental discharge or violation, and the measures taken by the user to prevent similar future occurrences. This written report regarding the violation may be included as a part of a periodic compliance report, or other report as may be required under this chapter, as long as the written report is provided within the fifteen days of discovery, which notification shall not relieve the user of any expense, penalty, fee, or other liability which may be incurred as a result of the violation.

(Ord. 941 § 2, 2015)

In addition to all the enforcement mechanisms and penalties specified in this code or as may be set by city council resolution, including those contained in Section 1.16.060, for violations of any rule or regulation established in this chapter, the city may recover all costs incurred by the city in attending to the violation and require payment of all applicable fees in the cost allocation plan as well as legal fees and costs as set forth in Chapter 3.26.

All costs associated with the city's undertaking of enforcement actions pursuant to this chapter, including attorney's fees for civil actions undertaken, shall be paid by the user. These costs may include, but not be limited to: the costs for termination of service; reinstitution of service; collections, per Council/Administration Policy 10-15, Collection Policy; compliance sampling and analysis; and administrative activities undertaken by the city. However, if the user prevails in an appeal to the city council or a civil action taken to nullify an enforcement action pursued by the city under this chapter, the user shall not be responsible for the costs incurred by the city in pursuing said enforcement action.

(Ord. 941 § 2, 2015; Ord. 1065, 12/12/2023)

Any violation of pretreatment requirements (limits, sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the city is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance. To the extent that a violation or pattern of violations is determined to be significant noncompliance, the city shall give additional priority to enforcement actions with regard to that industrial user. Additionally, the determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing of the list of significant non-compliers as is required of the city by law.

For purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

A. Violations of Wastewater Discharge Limits.

1. Chronic Violations. Violations in which sixty-six percent or more of all the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment requirement, including instantaneous limits, as defined by 40 CFR 403.3(1).

2. Technical Review Criteria Violations. Violations in which thirty-three percent or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment requirement including instantaneous limits, as defined by 40 CFR 403.3(I) multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).

3. Other Effluent Limit Violations. Any other violation of a pretreatment requirement as defined by 40 CFR 403.3(I) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through (including adverse effect on any toxicity testing), or endangered the health of the sewage treatment plant personnel or the public.

4. Danger to Human Health or Welfare. This criterion includes any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

B. Violation of Compliance Milestones. Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a city permit or administrative order for starting construction, completing construction, or attaining final compliance.

C. Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.

D. Failure to Accurately Report Noncompliance. Failure of a user to accurately and promptly report any noncompliance. Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the city shall be subject to significant noncompliance status.

E. Other Violations. Any other violation or group of violations, which may include a violation of best management practices, that the director determines may adversely affect its operations or the accomplishment of the objectives of this chapter.

(Ord. 941 § 2, 2015)

Any recipient of an administrative citation may contest that there was a violation and request an appeal hearing pursuant to the provisions of Chapter 1.12.

(Ord. 941 § 2, 2015)