Contra Costa County Municipal Code Ch. 1014-6 Enforcement

Notwithstanding any other provision of this code, any person, firm, partnership, corporation or public agency that violates any provision of this division, or fails to comply with any of the mandatory requirements of this division, is guilty of a misdemeanor, unless, in the discretion of the public works director (as provided in this code) or the district attorney, it is charged and prosecuted as an infraction.

(Ord. 96-21 § 3).

Upon conviction, a person shall be subject to punishment in accordance with Chapter 14-8.

(Ord. 96-21 § 3).

Every day that any violation of this division continues shall constitute a separate offense.

(Ord. 96-21 § 3).

Concealing, aiding or abetting a violation of any provision of this division shall constitute a violation of such provision.

(Ord. 96-21 § 3).

Any person who violates any provision of this division or a provision of any permit issued pursuant to this division, or who discharges waste or wastewater that causes pollution, or who violates any cease-and-desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act or the Porter-Cologne Act, or both, and may be subject to the sanctions of those acts, including civil and criminal penalties. Any enforcement action authorized under this division may also include notice to the violator of such potential liability.

(Ord. 96-21 § 3).

In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this division is a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated in accordance with the provisions of Chapter 14-6.

(Ord. 96-21 § 3).

(a) In addition to any other remedies provided in this chapter, or otherwise provided by law, any violation of this chapter may be enforced by civil action brought by the county. In any such action, the county may seek, as appropriate, any or all of the following remedies:

(1) A temporary restraining order, preliminary injunction and permanent injunction;

(2) An action for an unlawful business practice pursuant to Business and Professions Code Section 17206.

(b) In addition, any person violating this division may be liable for:

(1) Reimbursement for the costs of any investigation, inspection or monitoring which led to the discovery of the violation;

(2) Costs incurred in removing, correcting or terminating the adverse effect(s) resulting from the violation;

(3) Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to the county and shall be used exclusively for costs associated with monitoring and establishing a stormwater discharge pollution control system and implementing or enforcing the provisions of this chapter;

(4) The cost of maintenance and repair of any stormwater management facility that is not maintained in accordance with all requirements of the county's NPDES permits, the guidebook, the stormwater control plan, and the stormwater control operation and maintenance plan;

(5) The reasonable costs of preparing and bringing administrative action under this chapter.

(Ord. 2005-01 § 4, 96-21 § 3).

The remedies identified in this division are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 96-21 § 3).

Any person required to perform monitoring, analysis, reporting or corrective activities by any authorized county employee and who is aggrieved by this decision of the authorized county employee may appeal the decision in writing to the public works director within ten days following the effective date of the decision. Upon receipt of such appeal, the public works director shall request a report and recommendation from the authorized county employee and shall set the matter for hearing at the earliest practical date. At said hearing, the public works director may base the public works director's decision on additional evidence, and may reject, affirm or modify the authorized county employee's decision. The decision of the public works director may be appealed to the board of supervisors in accordance with the provisions of Chapter 14-4.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 96-21 § 3).