Article V — ENFORCEMENT

Enforcement provisions are as set out in Article V of this chapter.

(Ord. 541 (part), 1993).

The director shall be charged with the administration of the sewer-age system of the city and with the enforcement of all of the provisions of this chapter. The chief of police and all police officers of the city shall be deputies of the director for such purpose.

(Ord. 541 (part), 1993).

The director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance means:

A.

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; .....

B.

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS', fats, oils and grease, and 1.2 for all other pollutants except pH); .....

C.

Any other discharge violation that the director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; .....

D.

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the exercise of its emergency authority to halt or prevent such a discharge; .....

E.

Failure to meet, within ninety days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for start-ing construction, completing construction or attaining formal compliance; .....

F.

Failure to provide within thirty days after the due date, any required reports, including baseline monitor-ing reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance scheduled; .....

G.

Failure to accurately report noncompliance; or .....

H.

Any other violation(s) which the director determines will adversely affect the operation or implementation of the local pretreatment program. .....

(Ord. 541 (part), 1993).

When the director finds that a user has violated, or continues to violate, any provision of this chapter or any pretreatment standard or requirement, the director shall serve upon the user notices of violation as hereafter described.

A.

First violation. A written first notice of violation shall be provided to the user by the director of public works or his designee for the first violation of the discharge provisions of this chapter. As a result of the first violation, the city will increase the site inspection and effluent sampling and analysis frequency to the extent determined necessary by the director of public works. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring. Such increased monitoring shall be for a period determined to be necessary by the director of public works and specified in the first notice of violation, not to exceed one year. .....

B.

Second violation. A violation shall be considered a second violation if, and only if, it occurs during the term of the increased monitoring arising out of the first violation. The issuance of a second notice of violation shall result in an extension of the monitoring period specified in the first notice. The length of the extension shall be determined by the director of public works, but shall not exceed an additional two years beyond the period prescribed in the first notice. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring during the extended period as well as during the initial period. If determined necessary by the director of public works, the user may be required at his or her expense to install a site specific sampling station or device to assist in the monitoring process. .....

C.

Third violation. A violation shall be considered a third violation if, and only if, it occurs during the term of the increased monitoring arising out of the second violation. The issuance of a third notice of violation shall result in a further extension of the monitoring period specified in the first and second notices. The length of the extension shall be determined by the director of public works, but shall not exceed an additional three years beyond the periods prescribed in the first and second notices. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring during this extended period as well as during the preceding periods. In addition to the above requirements, the user shall be required to pay to the city of Corning an administrative civil penalty in the amount of two thousand dollars. .....

D.

Fourth violation. A violation shall be considered a fourth violation if, and only if, it occurs during the term of the increased monitoring arising out of the third violation. The issuance of a fourth notice of violation shall

result in a further extension of the monitoring period specified in the first, second and third notices. The length of the extension shall be determined by the director of public works, but shall not exceed an additional three years beyond the periods prescribed in the first, second and third notices. The user will be responsible to pay the additional costs incurred by the city resulting from the increased level of monitoring during this extended period as well as during the preceding periods. In addition to the above requirements, the user shall be required to pay to the city of Corning an administrative civil penalty in the amount of five thousand dollars. .....

E.

Fifth violation. A violation shall be considered a fifth violation if, and only if, it occurs during the term of the increased monitoring arising out of the fourth violation. The issuance of a fifth notice of violation shall result in termination of sewer services by the public works director or his or her designee at the premises where the violation occurs. Disconnection shall be accomplished pursuant to the procedure set forth in Section 13.04.434 of this code. .....

(Ord. 586 §1, 2001: Ord. 541 (part), 1993).

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this chapter, of any provision of any permit issued pursuant to this chapter, or of any order or directive of the director authorized by the provisions of this chapter, is hereby declared to be a public nuisance and may be abated, removed or enjoined and damages as-sessed therefore, in any manner provided by law.

(Ord. 541 (part), 1993).

When the director finds that a discharge of waste has taken place or is likely to take place in violation of this chapter or of the provisions of a wastewater discharge permit, the director may issue an order to cease and desist such discharge, practice or operation likely to cause such discharge and direct that those persons not complying shall:

A.

Comply forthwith; or .....

B.

Comply in accordance with a time schedule set forth by the director; or .....

C.

Take appropriate remedial or preventive action. .....

(Ord. 541 (part), 1993).

The director may immediately suspend a user's discharge entitlements, 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 sub-stantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's discharge entitlements after notice and opportunity to respond, if such discharge threatens to interfere with the operation of the POTW, or presents, or may present, an endangerment to the environment.

A.

Any user notified of a suspension of its discharge entitlements shall immediately stop or eliminate its con- tribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediately severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demon-strated to the satisfaction of the director that the period of endangerment has passed. .....

B.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause hearing and Section 13.03.414. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. .....

(Ord. 541 (part), 1993).

When the director finds that a discharge of waste is taking place, has been taking place or threatens to take place in viola-tion of prohibitions or limitations prescribed in this chapter or of any permits issued under this chapter, the director may require the user to submit for approval, with such modifications as he deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct such violation.

(Ord. 541 (part), 1993).

In the event repairs, construction or other public work is performed on any premises pursuant to any provision of law relating to the emergency performance of public work and expenditure of public funds therefore, or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes or has caused a violation of any provision of this chapter, a violation of any permit issued pursuant to the provisions of this chap-ter or a violation of any other requirement of law, then the user responsible for the occurrence or condition giving rise to such work, and the occupant and the owner of the premises shall be liable jointly and severally to the city for such public expenditures.

(Ord. 541 (part), 1993).

When a discharge of wastes causes an obstruction, damage or any other impairment to city sewerage system, the city may, after providing the user with notice and opportunity to be heard, assess a charge against the user for the work required to clean or repair the sewerage system and may add such charge to the user's charges and fees.

(Ord. 541 (part), 1993).

Any charge or rental levied by the city pursuant to this chapter on any premises within the corporate limits of the city having a connection to the city sewerage system is made a lien upon the premises. The director is authorized, and it shall be his duty, to disconnect any industrial sewer connection or domestic sewer connection on premises located either within the corporate limits of the city or outside the corporate limits of the city, upon failure of the person to whom such charge or rental is billed to pay such charge or rental prior to delinquency.

(Ord. 541 (part), 1993).

The city may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater service to any premises, if a viola-tion of any provisions of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this chapter.

(Ord. 541 (part), 1993).

In the event of a violation of any terms of the chapter, or any rule or regulation established pursuant to this chap-ter, the director shall notify the person or persons causing, allowing or committing such violation. Such notice shall specify in writing both the violation and the time after which, upon the failure of such person or person to prevent or rectify the violation, the director will exercise his authority to disconnect the property served by the sewerage system. Such time shall not be less than five days after the deposit of such notice in the United States Post Office at Corning, California, addressed to the person or persons to whom notice is given. In the event such violation results in a public hazard or menace, then the director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amount expended in so doing shall be a charge upon the owner so in violation.

(Ord. 541 (part), 1993).

When service has been disconnected as provided in this chapter, the director may require that the person or persons who request that such service be reestablished furnish security accept-able to the director in a sum not to exceed five hundred dollars, payable to the city and conditioned upon compliance with the

provision of this chapter, before granting permission to make such connection. Before such service will be reestablished, the person or persons making application for such reestablishment of service shall pay all expenses incurred by the city in causing such disconnection and in reestablishing such connection.

(Ord. 541 (part), 1993).

It shall be unlawful to knowingly make any false statement, representation, record, report, plan or other document, or to know-ingly tamper with, bypass or render inaccurate any sample monitoring device or equipment installed or operated pursuant to this chapter or to any permit issued under this chapter. In addition to any punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit issued under this chapter.

(Ord. 541 (part), 1993).

No person(s) shall maliciously, wilfully or negligently break, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage system. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Ord. 541 (part), 1993).

Except in the case of public emergency or danger to public health or safety,

A.

Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the director which is made or authorized pursuant to the provisions of this chapter, or which relates to any permit issued pursuant to this chapter, or to any interpretation or implementation of the same, may file a written request with the director for reconsideration thereof within ten days of such decision, action, finding, determination or order setting forth in detail the facts supporting each user's or person's request for reconsideration. The director shall render a final decision within fifteen days of the receipt of such request for reconsideration; .....

B.

Any user, permittee, applicant or other person aggrieved by the final determination of the director may appeal such determination to the city council of Corning within fifteen days after notification of the final deter-mination of the director, and shall set forth in written detail the facts and reasons supporting the appeal. The appeal shall be heard by the city council within forty-five days from the date of filing the notice of appeal. The appellant, the director and such other persons as the city council may deem appropriate shall be heard at the hearing on such appeal; .....

C.

The city council shall cause notice to be given, at least ten days prior to the time fixed for such hearing, to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city council shall direct the city clerk to mail a written notice, postage prepaid, to all such persons whose addresses are known to the city council, and to publish such notice once in a newspaper of general circulation within the city at least five days prior to the date fixed for such hearing; .....

D.

Upon conclusion of such hearing, the city council may affirm, reverse or modify the final determination of the director as the city council deems just and equitable and in harmony with the provisions of the chapter. During the pendency of any such appeal, the final determination of the director shall remain in full force and effect. The city council's determination on the appeal shall be final; .....

E.

Pending decisions upon any appeal relative to the amount of any charge hereunder, the person making such appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making such appeal such amount, if any, as the city council shall determine should be refunded. .....

(Ord. 541 (part), 1993).

When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued under this chapter, or any other pretreat-ment standard or requirement, the director may petition the Tehama County Superior Court through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which rescinds or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, or any other action against a user.

(Ord. 541 (part), 1993).

A.

A user who has violated, or continues to violate, any provision of this chap-ter, a wastewater discharge permit, or order issued under this chapter, or any other pretreatment standard or requirement shall be liable to the city of Corning for a maximum civil penalty of twenty-five thousand dollars per violation per day, in addition to any criminal penalties. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. .....

B.

The director may recover reasonable attorneys' fees, court costs and other expenses associated with en- forcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the director or by the city. .....

C.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factors as justice requires. .....

D.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. .....

(Ord. 541 (part), 1993).

Every person who violates any provisions of this chapter is guilty of a misdemeanor and is punishable as provided in the Health and Safety Code Section 4766.

(Ord. 541 (part), 1993).

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the city.

(Ord. 541 (part), 1993).

A.

Upset. .....

For the purpose of this section "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment stan-dards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack or preventive maintenance, or careless or improper opera-tion. .....

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (A)(3) of this section are met. .....

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: .....

a.

An upset occurred and the user can identify the cause(s) of the upset; .....

b.

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and .....

c.

The user has submitted the following information to the director within twenty-four hours of becoming aware of the upset (if this information if provided orally, a written submission must be provided within five days). .....

i.

A description of the indirect discharge and cause of noncompliance; .....

ii.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; .....

iii.

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance. .....

In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. .....

Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreat-ment standards. .....

Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. .....

B.

Bypass. .....

For the purposes of this section: .....

a.

"Bypass" means the intentional diversion of waste streams from any portion of a user's pretreatment facility. .....

b.

"Severe property damage" means substantial physical damage to property, damage to the pretreatment facilities which causes them to become inoperable, or sub-stantial 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. .....

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 (B)(3) and (4) of this section. .....

a.

If a user knows in advance of the need for a bypass, it shall submit prior notice to the director at least ten days before the date of the bypass, if possible.

b.

A user shall submit oral notice to the di-rector of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five 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 an-ticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The director may waive the written report on a case-by basis if the oral report has been received within twenty-four hours. .....

a.

Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless:

i.

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

ii.

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 .....

iii.

The user submitted notices as required under subsection (B)(3) of this section. .....

b.

The director may approve an anticipated bypass, after considering its adverse effects, if the di-rector determines that it will meet the three conditions listed in subsection (B)(4)(a). .....

(Ord. 541 (part), 1993).

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, no other provision of this chapter will be affected thereby.

(Ord. 541 (part), 1993).

Exhibit A

Limitations On Wastewater Constituents

A user shall not discharge wastewater in excess of: .....

A user shall not discharge: .....

a.

Grease or oil of animal or vegetable content in excess of 200 mg/l; .....

b.

Grease or oil of mineral or petroleum origin in excess of 100 mg/l. .....

 May be subject to "mass emission" discharge calculation limits.