Escalon Municipal Code Art. V Enforcement

The director is charged with the enforcement of all provisions of this chapter, except collection, subject to the control and direction of the city manager.

(Ord. 553 § 1 (Exh. A), 2016)

A. The authorized inspector shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any industrial wastewater discharge permit or order issued hereunder. Users shall allow the authorized inspector ready access to all parts of the premises for the purposes of inspection, sampling, records examination, photographing and copying, and the performance of any additional duties.

1. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the authorized inspector shall be permitted to enter without delay for the purposes of performing specific responsibilities.

2. The authorized inspector shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

3. The authorized inspector may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy.

4. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the authorized inspector and shall not be replaced. The costs of clearing such access shall be borne by the user.

B. Unreasonable delays in allowing the authorized inspector access to the user's premises shall be a violation of this chapter.

(Ord. 553 § 1 (Exh. A), 2016)

If the authorized inspector has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the authorized inspector may seek issuance of an inspection warrant in accordance with Title 13 of Part 3 of the Code of Civil Procedure (commencing with Section 1822.50).

(Ord. 553 § 1 (Exh. A), 2016)

Each day in which a violation of the provisions of this chapter, or any rule or regulation established under this chapter, or any condition of any permit or order issued pursuant to this chapter occurs shall constitute a separate violation.

(Ord. 553 § 1 (Exh. A), 2016)

In the event of a violation of any of the provisions of this chapter, or any rule or regulation established under this chapter, or any condition of any permit issued pursuant to this chapter, the director may notify in writing the person causing, allowing or permitting such violation, specifying the violation and if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the director may take further enforcement actions consistent with this chapter.

(Ord. 553 § 1 (Exh. A), 2016)

A. When the authorized inspector finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or any other permit authorizing discharges to the sewage system or any order issued hereunder, or any applicable law or regulation, the authorized inspector may issue an order to the user responsible for the discharge directing that the user cease all violations and come into compliance within a specified time, which may be immediate and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge, and pay any monetary penalties issued pursuant to EMC § 13.08.540.

B. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders and cease and desist orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewage system. A compliance order or cease and desist order does not relieve the user of liability for any violation, including any continuing violation.

C. Issuance of an order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 553 § 1 (Exh. A), 2016)

An authorized inspector may serve a stop work order on any person engaged in doing or causing to be done construction, improvements or other activity in violation of this chapter. Any person served with a stop work order shall immediately cease work until authorized in writing to proceed by the director.

(Ord. 553 § 1 (Exh. A), 2016)

A. Issuance. In accordance with Government Code Section 54740.5 and Water Code Section 13263.3(j), whenever the authorized inspector finds that any person has violated any discharge prohibition or any requirement to pretreat industrial wastewater included in this chapter or in any permit or order or has failed to prepare a pollution prevention plan, the authorized inspector may issue an administrative complaint and impose a monetary penalty on such person. The administrative complaint shall allege the act or failure to act that constitutes the violation of the city's requirements, this section, and the proposed civil penalty.

B. Service and Hearing. The administrative complaint shall be served by personal delivery or certified mail on the person subject to the city's pretreatment and/or discharge requirements, and shall inform the person served that a hearing shall be conducted within 60 days after the person has been served. The hearing shall be before a hearing officer designated by the city council. The person who has been issued an administrative complaint may waive the right to a hearing, in which case the city shall not conduct a hearing. A person dissatisfied with the decision of the hearing officer may appeal to the city council within 30 days of notice of the hearing officer's decision.

C. If after the hearing, or appeal, if any, it is found that the person has violated pretreatment or discharge requirements, the hearing officer or city council may assess a civil penalty against that person. In determining the amount of the civil penalty, the hearing officer or city council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.

D. Civil penalties may be imposed in an administrative complaint as follows:

1. In an amount which shall not exceed $2,000 for each day for failing or refusing to furnish technical or monitoring reports.

2. In an amount which shall not exceed $3,000 for each day for failing or refusing to timely comply with any compliance schedule established by the city.

3. In an amount which shall not exceed $5,000 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city.

4. In an amount which does not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by the city.

E. The amount of any penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

F. All moneys collected under this section shall be deposited in a special account of the city and shall be made available for the monitoring, treatment, and control of discharges into the sewage system or for other mitigation measures.

G. Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.

H. The city may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the Code of Civil Procedure.

(Ord. 553 § 1 (Exh. A), 2016)

A. When the authorized inspector finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or any other permit authorizing discharges to the sewage system or any order issued hereunder, or any applicable law or regulation, the authorized inspector may impose a fine on such user. Such fines shall be assessed against non-industrial users in an amount not exceeding $100.00 for a first violation, not exceeding $200.00 for a second violation of this chapter within one year, and not exceeding $500.00 for each additional violation of this chapter within one year. Fines shall be assessed against industrial users in accordance with the provisions for an administrative complaint in EMC § 13.08.535.

B. Any and all monetary penalties, charges, fees, or other costs incurred for a violation of this chapter, including but not limited to the costs of collection, may be billed to the owner of the property. Unpaid charges, fines, and penalties shall, after 30 calendar days, accrue interest at a rate of five percent per month. If the invoice remains unpaid for 60 days, a lien may be placed upon and against such premises, and the city may take any steps authorized by law to enforce payment of such lien.

C. Users desiring to dispute such fines must file a written request for the city manager to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where the city has received a request for reconsideration, the city manager shall convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of a monetary penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 553 § 1 (Exh. A), 2016)

A. The city manager may immediately suspend or order suspension of a user's discharge, 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 substantial endangerment to the health or welfare of persons.

B. The city manager may immediately suspend or order suspension of a user's discharge, after notice and opportunity to respond, when the discharge threatens to interfere with the operation of the sewage system, or which presents, or may present, a threat to the environment.

C. Any user ordered to suspend its discharge shall immediately stop or eliminate its discharge at the time indicated in the suspension order. In the event of a user's failure to immediately and voluntarily comply with the suspension order, the city manager may take such steps as deemed necessary, including, but not limited to, immediate severance of the sewer connection, to prevent or minimize damage to the sewage system, the environment, or endangerment to any individuals. The city manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city manager that the threat or period of endangerment has passed, unless the disconnection proceedings in accordance with this chapter are initiated against the user.

D. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. 553 § 1 (Exh. A), 2016)

A. Any user who will or has discharged into the public sewer any of the following is subject to termination or disconnection of service and such user will be notified of the proposed disconnection and be offered an opportunity to show cause why the proposed action should not be taken, unless the discharge justifies immediate termination of service necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons:

1. Stormwater, groundwater, rainwater, street drainage, subsurface drainage, yard drainage, pool or pond water;

2. Any holding tank waste, unless such discharges are made into a city-approved facility designed to receive such wastes;

3. Radioactive wastes;

4. Waste containing in excess of:

a. 0.1 mg/l arsenic;

b. 0.2 mg/l cadmium;

c. 0.2 mg/l copper;

d. 1.0 mg/l cyanide;

e. 1.0 mg/l lead;

f. 0.01 mg/l mercury;

g. 1.0 mg/l nickel;

h. 0.2 mg/l silver;

i. 0.5 mg/l total chromium;

j. 3.0 mg/l zinc;

5. Waste having a temperature higher than 150 degrees Fahrenheit (65.5 degrees Celsius);

6. Waste containing any material or waste which cannot pass through a three-eighths-inch screen;

7. Without prior authorization from the city:

a. Waste containing more than 300 mg/l of oil or grease of animal or vegetable origin;

b. Waste containing more than 100 mg/l of oil or grease of mineral or petroleum origin;

c. Waste having a pH lower than 5.5 or higher than 8.5 (unless authorized by a permit issued pursuant to this chapter);

d. Containing in excess of 0.02 mg/l total identifiable chlorinated hydrocarbons which cannot be removed by the city's usual waste treatment processes;

e. Containing in excess of 1.0 mg/l phenolic compounds which cannot be removed by the city's wastewater treatment process.

B. Any user who engages in any of the following is subject to termination or disconnection of service and such user will be notified of the proposed disconnection and be offered an opportunity to show cause why the proposed action should not be taken, unless the discharge justifies immediate termination of service to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons:

1. Violating of any provision in an industrial wastewater discharge permit, or other permit or order issued pursuant to this chapter;

2. Failing to accurately report the constituents and characteristics of an industrial wastewater discharge;

3. Failing to report significant changes in industrial operations or wastewater volume, constituents, and characteristics prior to discharge;

4. Refusing reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

5. Violating any provision of this chapter.

(Ord. 553 § 1 (Exh. A), 2016)

When a discharge of waste causes an obstruction, damage, or any other impairment to the sewage system or city facilities, the city may assess a charge against the user, property owner, or person violating this chapter for the work required to clean or repair the facility and add such work to the user's monthly bill or collect the charges in any other way authorized by law.

(Ord. 553 § 1 (Exh. A), 2016)

Discharge of waste in violation of this chapter or of any permit or order issued pursuant to this chapter is declared a public nuisance and may be corrected or abated as directed by the director in accordance with Chapter 8.20 EMC.

(Ord. 553 § 1 (Exh. A), 2016)

A. Injunctive Relief. When the authorized inspector finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or any other permit authorizing discharges to the sewage system or any order issued hereunder, or any applicable law or regulation, the city manager may petition the court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the provisions of this chapter, any permit or order issued pursuant to this chapter. The city manager 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, taking any other action against a user.

B. Civil Penalties.

1. A user who has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or any other permit authorizing discharges to the sewage system or any order issued hereunder, or any applicable law or regulation, shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day or such other higher amount that may be assessed against the city as a result of the user's violation. 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.

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

3. 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 factor as justice requires.

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

(Ord. 553 § 1 (Exh. A), 2016)

When the authorized inspector finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or any other permit authorizing discharges to the sewage system or any order issued hereunder, or any applicable law or regulation, the authorized inspector and city manager may pursue any of the following remedies in addition to or in lieu of any other remedies provided for in this chapter or at law:

A. Penalties for Late Reports. A penalty of $100.00 may be assessed to any user for each day that a nontechnical or nonmonitoring report required by this chapter, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the authorized inspector to collect late reporting penalties shall not limit the city's authority to initiate other enforcement actions that may include penalties for late reporting violations.

B. Deny Permits. The city manager may decline to issue or reissue an industrial wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous industrial wastewater discharge permit, or order issued hereunder, or any other applicable standard or requirement, unless:

1. Such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the city manager to be necessary to achieve consistent compliance or remedy past violations;

2. The user first submits proof that it has obtained liability insurance or other financial assurances acceptable to the city manager sufficient to restore or repair damage to the sewage system caused by its discharge; or

3. The user first pays any or all outstanding fees, fines or penalties incurred as a result of any violation.

(Ord. 553 § 1 (Exh. A), 2016)

Each and every remedy available for the enforcement of this chapter shall be nonexclusive and it is within the discretion of the authorized inspector or city manager to seek cumulative remedies, except that multiple monetary fines or penalties shall not be available for any single violation of this chapter.

(Ord. 553 § 1 (Exh. A), 2016)

Any person who negligently or knowingly violates any provision of this chapter, undertakes to conceal any violation of this chapter, continues any violation of this chapter after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for a period of not more than six months, or both.

(Ord. 553 § 1 (Exh. A), 2016)