East Palo Alto Municipal Code Art. VI Enforcement

The responsibility for enforcement of the provisions of this chapter shall be vested in the city engineer.

(Prior code § 11-2.601)

A. Notification. Every user shall notify the city engineer immediately upon discharging wastes or wastewater in violation of the provisions of this chapter, or any permit issued pursuant to this chapter. A user who discharges, causes to be discharged, or permits to be discharged such wastes or wastewater shall, within fifteen (15) days of the occurrence thereof, submit a written report to the city engineer describing the cause or causes of such unauthorized discharge, and measures taken, or proposed to be taken, to prevent future similar occurrences. Such report shall not relieve any user of liability for any expense, loss or damage suffered or incurred by the city, or shall relieve or absolve any person from civil liabilities, or imposition of civil or criminal penalties in any manner whatsoever; provided, however, that no information provided by or received in any report shall be used in any criminal proceeding against the user making any such report.

B. Notice to employees. Every nondomestic user, every user issued a mandatory wastewater discharge permit pursuant to Section 13.08.320, and every user issued an optional wastewater discharge permit pursuant to Section 13.08.330, shall prominently post a notice on the user's premises advising of the requirement to notify the city engineer of any unauthorized discharge, including the telephone number of the city engineer, to be called in the event of such discharge. The city engineer may require any user to inform and advise his officers, agents and employees of any particular provisions of this chapter, any permit issued pursuant to this chapter, or other requirements of law, or of any other information which may be of assistance in ensuring compliance with this chapter, permit, or other requirements of law.

(Prior code § 11-2.602)

Upon a determination by the city engineer that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provision of this chapter, or of any provision of any permit issued pursuant to this chapter, the city engineer may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge, and further order such person to:

A. Comply forthwith with the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter;

B. Comply in accordance with a time schedule established by the city engineer; and/or

C. Take appropriate remedial or preventative action.

(Prior code § 11-2.603)

Upon a determination by the city engineer that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this chapter, or in violation of any provision of a permit issued pursuant to this chapter, the city engineer may require the person or user having so discharged, or discharging, or about to discharge, to submit for approval, subject to such modifications, terms and conditions as the city engineer reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or user shall take in order to eliminate or prevent such violation or violations.

(Prior code § 11-2.604)

In the event any person fails to comply with any order and/or request of the city engineer made pursuant to Sections 13.08.490 or 13.08.500, the city engineer is authorized to request the district attorney to take whatever action is necessary to obtain full compliance with the order and/or request of the city engineer.

(Prior code § 11-2.605)

Subject to the provisions of this section, the city may terminate sanitary sewerage services to any premises from which wastes or wastewater have been discharged, are being discharged, or are threatened to be discharged in violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law. Notification of intention to terminate service shall be given by the city engineer to the user or person found by the city engineer to be in violation of such provision or requirement, which notice shall state the time, date and place a hearing shall be held by the city engineer upon the question of termination, which date shall be not less than ten (10) days after giving such notice. If the person so found to be in violation is not the owner or occupant of the premises, such notice shall also be given to the occupant, and in all cases shall be given by mail to the owner of the premises at the address shown therefor on the last equalized assessment roll in the office of the city assessor.

Any owner of the premises, the user, or the person determined to be in violation of the provisions of this chapter, and such other persons as the city engineer may deem appropriate, shall be heard at the hearing on the question of termination of service. If, upon completion of the hearing, the city engineer finds that no violation of the provisions of this chapter, or of any other requirement of law, has occurred, the city engineer shall order that service shall not be terminated to the premises. If, upon completion of the hearing, the city engineer determines that such a violation has occurred, or is occurring, or is about to occur, the city engineer may order that service shall be terminated, or may order that service shall be terminated within a specified period of time unless such violation, or the conditions or activities threatening such violation, cease forthwith, or within the specified period of time, or the city may make such other order as it deems appropriate under the circumstances and in furtherance of the purposes and intent of this chapter.

(Prior code § 11-2.606)

Subject to the provision of this section, the city engineer may revoke any permit issued pursuant to the provisions of this chapter upon a determination by him that:

A. The permittee has failed to report factually the wastewater constituents, characteristics or volume of the permitted wastewater discharge;

B. The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents, characteristics or volumes pertaining to the premises; or

C. The permittee has refused, or failed to allow, reasonable access to the premises to which the permit pertains; or

D. The permittee has violated, caused to be violated, or allowed to be violated, any term, condition or provision of the permit.

Notification of intention to revoke any permit issued pursuant to this chapter shall be given by the city engineer to the user, which notice shall state the time, date and place a hearing shall be held by the city engineer upon the question of permit revocation, which date shall be not less than ten (10) days after giving such notice. If the user is not the owner or occupant of the premises, such notice shall also be given to said occupant, and in all cases shall be given by mail to the owner of the premises at the address shown therefor on the last equalized assessment roll in the office of the city assessor. Any owner of the premises, the user, and such other person as the city engineer may deem appropriate shall be heard at the hearing on the question of permit revocation.

(Prior code § 11-2.607)

It is unlawful for any person knowingly to make any false statement, representation, record, report, plan or other document filed with the city engineer pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter, or who knowingly tampers with or otherwise renders inaccurate any monitoring device or equipment installed and operated pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter.

(Prior code § 11-2.608)

Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any order or directive of the city engineer authorized by this chapter, shall be, and the same is declared to be unlawful and a public nuisance. Such nuisance may be abated, removed or enjoined, and damages assessed therefor, in any manner provided by law.

(Prior code § 11-2.609)

Any person violating, or causing the violation, of any provision of this chapter, or of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor.

(Prior code § 11-2.610)

(Ord. No. 334, § 30, 7-20-2010)

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

(Prior code § 11-2.611)

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

B. Any user, permittee, applicant, or other person aggrieved by the final determination of the city engineer may appeal such determination to the city council within ten days of notification by the city engineer of his final determination. Written notification of such appeal shall be filed with the city clerk within ten days after notification of the final determination of the city engineer, and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be heard by the city council within thirty (30) days from the date of filing the notice of appeal. The appellant, the city engineer, and such other persons as the city council may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the city council may affirm, reverse or modify the final determination of the city engineer as the city council deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the city engineer shall remain in full force and effect. The city council's determination on the appeal shall be final.

(Prior code § 11-2.612)