Coalinga Municipal Code Art. 4 Enforcement; Violations and Penalties; Civil Liability

All provisions of this chapter shall be enforced by the Sanitation Official, or by such other persons to whom the City Manager delegates this authority.

(§ 1, Ord. 635, eff. March 20, 1999)

Noncompliance with these rules and regulations by liquid waste haulers is hereby declared an infraction, which shall be punishable as an infraction. Noncompliance includes, but is not limited to the following:

(a) Failure to record a dump in conformity with Section 6-3A.206;

(b) Failure to use an acceptable discharge pipe which extends into the designated manhole;

(c) Exceeding the maximum discharge rate as provided for in Section 6-3A.205;

(d) Failure to clean the bar screen and the discharge area after dumping;

(e) Failure to close and secure the designated manhole to confine odors;

(f) Failure to clean up any spillage;

(g) The discharge of unacceptable wastes as contemplated by Section 6-3A.302;

(h) Failure to collect and turn in a representative sample as provided for in Section 6-3A.205;

(i) Failure to notify the Sanitation Official prior to making a discharge;

(j) Failure to submit a liquid waste discharge manifest form or knowingly providing false information on any application for a permit or on a liquid waste discharge manifest form;

(k) Disposing of acceptable liquid waste or unacceptable liquid waste either in any manner inconsistent with this chapter or in any other unlawful manner within City service area;

(l) Delinquency in paying charges and fees as provided for in this chapter;

(m) Failure to maintain appropriate vehicle insurance coverage for any vehicle used in the hauling of liquid wastes within City service area;

(n) Failure to have obtained and maintained current a City liquid waste hauler discharge permit at the time of any discharge within the City service area;

(o) Failure to remove all equipment used during the dumping process.

(§ 1, Ord. 635, eff. March 20, 1999)

Notwithstanding the provisions for monetary penalties set forth in Section 6-3A.404, if damaged results from a discharge, nothing in this chapter shall be construed to prohibit liquid waste haulers from being held civilly responsible for: (1) any damage they cause to City property; and (2) any injury to personnel of the City. Nothing in this chapter shall be construed to foreclose the recovery of damages for any damage caused to City facilities or for any injury caused to City personnel resulting from the negligence of, or resulting from any act; or omission by, a hauler or by his or her agent or employee, in connection with a discharge.

(§ 1, Ord. 635, eff. March 20, 1999)

In addition to the imposition of any criminal or civil penalties, any violation of the rules and regulations set forth herein may also subject a hauler to the suspension or termination of all discharge privileges, including but not limited to the revocation or cancellation of any liquid waste hauler discharge permit previously issued by City to the hauler. Monetary penalties shall be imposed in the amounts provided for in the City of Coalinga Liquid Waste Discharge Resolution enacted concurrently with this chapter and as may be amended from time to time by the City Council.

(§ 1, Ord. 635, eff. March 20, 1999)