El Segundo Municipal Code Ch. 6 Enforcement

A. Authority: The Public Works Director may suspend an industrial wastewater permit when such suspension is necessary in order to stop a discharge which presents an imminent hazard to the public health, safety or welfare, to the local environment, or which either singly or by interaction with other discharges, is an imminent hazard to the sewer system, the storm drain system, or the waters of the State, or places the City in violation of its NPDES permit.

B. Cease Discharge Upon Notice: Any discharger notified of a suspension of that discharger's industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewer system.

C. Failure Of Discharge To Comply: In the event of a failure of the discharger to comply voluntarily with the suspension order, the Public Works Director may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger's connection to the sewer system.

D. Notice Of Intended Order Of Suspension: In addition, the Public Works Director, in the event of violation of this Chapter, may serve the discharger with a notice of an intended order of suspension, stating the reasons therefor, the opportunity for a hearing with respect thereto, and the proposed effective date of the intended order.

E. Request For Hearing; Council Determination: Any discharger suspended or served with a notice of an intended order of suspension may file with the City Clerk a request for a City Council hearing with respect thereto. Filing of such a request shall not stay a suspension. In the event of a suspension of a permit due to imminent hazard related to continued discharge, the discharger may request a hearing, and the City Council or a hearing examiner designated by the City Council for that purpose shall conduct a hearing within three (3) days of receipt of the request. In the event of hearing requests, for other than an imminent hazard suspension, the City Council shall hold a hearing on the suspension within fourteen (14) days of receipt of the request. At the close of the hearing, the City Council shall make its determination whether to terminate, or conditionally terminate the suspension imposed by the Public Works Director, or the City Council may cause the permit to be revoked. Except in the case of a hearing within three (3) days being required as above provided, reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in Section 12-6-5 of this Chapter.

F. Stay Of Order Pending Council Determination: In the event that the City Council fails to meet within the time set forth above or fails to make a determination within seventy two (72) hours after the close of the hearing, the order of suspension shall be stayed until a City Council determination is made with respect to the action of the Public Works Director.

G. Reinstatement Of Permit Upon Compliance: The Public Works Director shall reinstate the industrial wastewater permit upon proof of compliance which ends the emergency nature of the hazard created by the discharge that had been cause for the Public Works Director to initiate the suspension; provided, that the Public Works Director is satisfied that all discharge requirements of this Chapter, City Council rules and regulations, and any City Council order will be implemented. (Ord. 1093, 1-20-1987)

The City Council may revoke an industrial wastewater permit upon finding that the discharger has violated any provision of this Title or the Council rules and regulations. No revocation shall be ordered until a notice and hearing on the question has been held by the Council as provided in Sections 12-6-4 and 12-6-5 of this Chapter. (Ord. 1093, 1-20-1987)

The Public Works Director shall have full power and authority to take any necessary precautions including, but not limited to, decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singly or by interaction with other discharges, is an imminent hazard to the sewer system; or which places the City in violation of its NPDES permit. In the pursuit of such an operation, City personnel, any party contracting with the City, or duly authorized representative of another government agency shall have immediate access to the premises. The Public Works Director may prohibit approach to the scene of such emergency by any person, vehicle, vessel or thing, and all persons not actually employed in the extinguishment of the condition or the preservation of lives and property in the vicinity thereof. (Ord. 1093, 1-20-1987)

A. Conduct Of Hearings By Council Or Examiner: With respect to permit revocation or suspension hearings, the City Council may conduct the hearing or may appoint one or more examiners or designate one or more of its members to serve as hearing examiners and to conduct a hearing with respect to any appeal or protest filed. At such hearing the discharger may appear personally or through counsel, cross-examine witnesses and present evidence in the discharger's behalf.

B. Examiners Report To Council; Notice Of Council Action:

1. The hearing examiner or examiners, if other than the City Council, shall submit a written report and recommendations to the City Council together with a brief summary of the evidence considered and conclusions reached with respect thereto.

2. The City Council, after considering evidence presented at such a hearing, and any report submitted to it with respect to such a hearing, or after any hearing which it conducts, shall adopt findings supported by the evidence, and may adopt, reject, or modify the report in whole or in part, make its decision, and issue its order.

3. If the City Council's order is to revoke the discharger's industrial wastewater permit, the order may be effective forthwith, or at a later specified date.

4. The discharger shall be notified in writing of the City Council's action.

C. Cease Discharging Upon Permit Revocation: Any discharger whose industrial wastewater permit has been revoked shall immediately cease and desist all discharge of any wastewater covered by the permit. The Public Works Director may disconnect or permanently block the discharger's connection if such action is necessary to ensure compliance with the order of revocation.

D. New Application: After revocation of a discharger's industrial waste permit, there shall be no further discharge of industrial wastewater by that discharger into the sewer system, the storm drain system, or the waters of the State unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the discharger and/or the applicant to the City have been paid to the City, and a new industrial wastewater permit has been issued. Any costs incurred by the City, including administrative costs and investigative fees, in revoking the permit and disconnecting the connection if necessary, shall also be paid for by the discharger before issuance of a new industrial wastewater permit. (Ord. 1093, 1-20-1987)

A. Mailing Or Posting Of Notice: Notice of the hearing shall be given to the discharger at least ten (10) days prior to the date of hearing. Unless otherwise provided herein, any notice required to be given by the Public Works Director under this Title shall be in writing and served in person or by registered or certified mail addressed to the addressee's last known address with request for return receipt. Where no address is known, service may be made upon the owner of record of the property upon which the alleged violation occurred or by posting the notice conspicuously on the property.

B. Depositing In Mail: Notice shall be deemed to have been given at the time the written notice is deposited, postage prepaid, in the United States mail at El Segundo, California. (Ord. 1093, 1-20-1987)

Any person who attempts to commit an act which is in violation of this Chapter shall be guilty of a misdemeanor punishable as provided in Section 1-2-1 of this Code. (Ord. 1093, 1-20-1987; amd. 2000 Code)

Provisions of this Title shall prevail over any other inconsistent or conflicting provisions of this Chapter. (Ord. 1093, 1-20-1987)