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Del Norte County Municipal Code § 15.44

Del Norte County Municipal Code · 2026-09 edition · updated 2026-10-02 · Del Norte County

Cite as: Del Norte County Municipal Code § 15.44 · Text as of 2026-10-02

15.44.10 Violation; Notice Required, Time Limit For Correction

Any person found to be violating any provision of Chapters 15.08 through 15.44, or any other ordinance, rule or regulation of the district, shall be served by an authorized person of the district with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two nor more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of Chapters 15.08 through 15.44, or any other ordinance, rule or regulation of the district. Upon being notified by the district of any defect arising in any sewer, or of any violation of the ordinance codified in Chapters 15.08 through 15.44, the person or persons having charge of said work shall immediately correct the same.

(Ord. 77-42 § 901, 1977)

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15.44.20 Cesspools And Certain Other Methods Of Sewage Disposal Deemed Nuisance When

It is hereby declared that whenever any area in the district is provided with a sewerage system, further maintenance or use of cesspools or other local means of sewage disposal is a public nuisance except as provided in Section 15.16.20.

(Ord. 77-42 § 902, 1977)

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15.44.25 Abatement Procedures

In addition to the other methods described herein for forcing connection to the public sewerage system, the board of directors may, in its discretion, utilize the procedures for abatement found in Division 5, Part 3, Chapter 6 of the Health and Safety Code commencing with Section 5460 et seq.

(Ord. 81-29 § 1, 1981)

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15.44.30 Disconnection; Manager's Authority

As an alternative method of enforcing the provisions of Chapters 15.08 through 15.44, or any other ordinance, rule or regulation of the district, the manager shall have the power to disconnect the user or subdivision sewer system from the sewer mains of the district. Upon disconnection, the manager shall estimate the cost of disconnection from the reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The district shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection.

(Ord. 77-42 § 903, 1977)

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15.44.40 Habitation Of Disconnected Premises Deemed Nuisance

During the period of such disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the district shall cause proceedings to be brought for the abatement for the occupancy of such premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the district a reasonable attorney's fee and cost of suit arising in said action.

(Ord. 77-42 § 904, 1977)

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15.44.60 Violation; Liability For Damage Or Expense

Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation, including attorney's fees.

(Ord. 77-42 § 906, 1977)

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15.44.70 Wastewater Sampling Procedures

  1. Periodic measurements of flow rates, flow volume, COD, BOD, grease and suspended solids for use in determining the annual industrial wastewater treatment charges and such measurements of other constituents believed necessary by the district shall be made by all industrial wastewater dischargers, unless specifically relieved of such obligation by the district. All sampling, analyses and flow measurements of industrial wastewaters shall be performed by a state-certified independent laboratory or by a laboratory of the industrial discharger approved by the district. If performed by district personnel, an appropriate charge shall be paid by the discharger requesting the tests. Prior to submittal to the district of data developed in the laboratory of an industrial discharger, the results shall be verified by a responsible administrative official of the industrial discharger under the penalty of perjury.

  2. All dischargers making periodic measurements shall furnish and install at the control manhole or other appropriate location a calibrated flume, weir, flow meter or similar device approved by the district and suitable to measure the industrial wastewater flow rate and total volume. A flow indicating, recording and totalizing register may be required by the district. In lieu of wastewater flow measurements, the district may accept records of water usage and adjust the flow volumes by suitable factors to determine peak and average flow rates for the specific industrial wastewater discharge.

  3. The sampling, analysis and flow measurement procedures, equipment and results shall be subject at any time to inspection by the district. Sampling and flow measurement facilities shall be such as to provide safe access to authorized personnel.

  4. Those industrial wastewater dischargers required by the district to make periodic measurements of industrial wastewater flows and constituents shall annually make the minimum number of such measurements required. The minimum requirement for such periodic measurements shall be at least one twenty-four-hour measurement per year.

  5. Measurements to verify the quantities of waste flows and waste constituents reported by industrial dischargers will be conducted on a random basis by personnel of the district.

(Ord. 77-42 § 907, 1977)

  • 15.44.80 Accidental Discharges; Notification And Statement Required
  1. Dischargers shall notify the district engineer immediately when accidental discharges of wastes in violation of Chapters 15.08 through 15.44 occur, so that countermeasures may be taken by the district to minimize damage to the sewer system, treatment plant, treatment processes and the receiving waters. Such notification will not relieve dischargers of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the district and/or city on account thereof by any state or federal regulatory agencies.

  2. In the event of accidental discharge in violation of the sewer ordinance or these regulations, the discharger shall furnish the district engineer, within fifteen days of the date of occurrence, a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence.

(Ord. 77-42 § 908, 1977)

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15.44.90 Power And Authority Of Inspectors

The officers, inspectors, managers and any duly authorized employees of the district shall carry evidence establishing his position as an authorized representative of the district and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the district.

(Ord. 77-42 § 1002, 1977)

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15.44.100 Right Of Entry For Inspection

The district engineer, and other duly authorized employees of the district bearing proper credentials and identification, shall be permitted to enter all properties served by the district for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of Chapters 15.08 through 15.44 of this code.

(Ord. 77-42 § 909, 1977)

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15.44.110 Liability For Damage Caused By Prohibited Wastewater Discharge

Any industrial wastewater discharger who discharges or causes the discharge of prohibited wastewaters which cause damage to district facilities, detrimental effects on treatment processes, or any other damages resulting in costs to the district, shall be liable to the district for all damage occasioned thereby.

(Ord. 77-42 § 910, 1977)

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15.44.120 Public Nuisance

Discharges of wastewater in any manner in violation of this chapter or of any order issued by the manager as authorized by this chapter, is declared a public nuisance and shall be corrected or abated as directed by the manager. Any person creating a public nuisance shall be subject to provisions of district codes or ordinances, rules and/or county regulations governing such nuisance.

(Ord. 98- 012 § 2 (part), 1998)

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15.44.130 Injunction

Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the district may petition the superior court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.

(Ord. 98-012 § 2 (part), 1998)

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15.44.140 Damage To Facilities

When a discharge of wastes causes an obstruction, damage or any other impairment to district facilities, the district may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's sewer service charge.

(Ord. 98-012 § 2 (part), 1998)

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15.44.150 Access To Facilities

The facilities of the district are considered to be critical facilities with regard to the health, safety and welfare of the general public. Access to these facilities must be maintained for use by authorized personnel of the district. Vehicular access to all sewer lift stations shall be maintained for use by authorized persons only and prohibited where posted with signage indicating "No Parking Any Time." Any persons obstructing any areas where parking is prohibited as provided herein shall be subject to civil liabilities pursuant to Section 15.44.200.

(Ord. 98-012 § 2 (part), 1998)

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15.44.160 Correction Of Violations; Collection Of Costs; Injunction

In order to enforce the provisions of this chapter, the district may correct any violations hereof. The cost of such correction may be added to any sewer service charge payable by the person violating this chapter or the owner or tenant of the property upon which the violation occurred, and the district shall have such remedies for the collection of such costs as it has for the collection of sewer service charges. The district may also petition the superior court for the issuance of a preliminary or permanent injunction, or both.

(Ord. 98- 012 § 2 (part), 1998)

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15.44.170 Limitations On Point Of Discharge

No person shall discharge any substances directly into a manhole or other opening in the sewerage facilities of the district other than through an approved building sewer, unless a permit for such discharge has been obtained from the district. The manager may issue a direct discharge permit providing the applicant has met all district requirements, has paid all applicable charges and fees and has met any additional conditions as required by the district. Violation of this section shall be subject to civil liabilities pursuant to Section 15.44.190.

(Ord. 98-012 § 2 (part), 1998)

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15.44.180 Falsifying Of Information

Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the district or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, is declared to be in violation of this chapter, and subject to the civil liabilities imposed under Section 15.44.190, or subject to prosecution under Section 15.44.190.

(Ord. 98-012 § 2 (part), 1998)

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15.44.190 Civil Liabilities And Penalties

Any person who violates any provision of this chapter, require ments or conditions set forth in permits duly issued, or who dis charges wastewater which causes pollution as defined herein, or violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard, or discharges rainwater or uncontaminated water as defined in Section 15.28.10, shall be liable civilly to liabilities imposed by the district against which the violation occurs. Such civil liability may be in a sum of not to exceed ten thousand dollars for each day in which such violation occurs.

The district may petition the superior court to impose, assess and recover such sums. In determining such amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the cost of detection and documentation of the violation, the extent of harm caused by the violation, the length of time over which the violation occurs, multiple violations, and corrective action, if any.

(Ord. 98-012 § 2 (part), 1998)

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15.44.200 Violation As Infraction

Any person who negligently or intentionally violates any provision of this chapter is guilty of an infraction as provided in Section 1.12.10 of the Del Norte County Code.

(Ord. 98-012 § 2 (part), 1998)

16 Subdivisions

16 Subdivisions

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