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Chapter 50 — SEWERS

§ 50.123 ADMINISTRATIVE ENFORCEMENT REMEDIES.

Eureka Zoning Code · 2026-06 edition · updated 2026-07-25 · Eureka

(A) Notification of violation. Whenever the City Manager finds that any person has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the City Manager or his agent may serve upon said person a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation

and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the person to the City Manager. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(B) Consent orders. The City Manager may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents shall include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to § 50.123(D) and (E) and shall be judicially enforceable.

(C) Show cause hearing. The City Manager may order a person which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the City Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the person, specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the person show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven days prior to the hearing. Such notice may be served on any authorized representative of the person as defined in § 50.002 and required by § 50.052(B). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person.

en. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven days prior to the hearing. Such notice may be served on any authorized representative of the person as defined in § 50.002 and required by § 50.052(B). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person.

(D) Compliance orders. When the city finds that a person has violated or continues to violate this chapter, wastewater discharge permits or order issued hereunder, or any other pretreatment standard or requirement, he may issue an order to the person responsible for the discharge directing that the person come into compliance within 30 days. If the person does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the person.

(E) Cease and desist orders.

(1) When the City Manager finds that a person is violating this chapter, the person’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the person’s past violations are likely to recur, the City Manager may issue an order to the person directing it to cease and desist all such violations and directing the person to:

  • (a) Immediately comply with all requirements;

(b) 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.

(2) Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the person.

(F) Administrative citation.

(1) Notwithstanding any other section of this chapter, any person that is found to have violated any provision of this chapter, its wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement may be issued an administrative citation and fine in accordance with Chapter 10 of this code.

(2) Fine amounts shall be consistent with a schedule of fines and fees as adopted and amended from time to time by resolution of the City Council.

(3) Fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation.

(4) Appeals of administrative citations shall follow the process proscribed in Chapter 10 of this code.

(5) Issuance of an administrative fine shall not be a prerequisite for taking any other action against the person.

(G) Emergency suspensions.

(1) The City Manager may immediately suspend a person’s discharge (after informal notice to the person) whenever such suspension is necessary in order 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. The City Manager may also immediately suspend a person’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.

(a) Any person notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a person’s failure to immediately comply voluntarily with the suspension order, the City Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The City Manager shall allow the person to recommence its discharge when the person has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in this chapter are initiated against the person.

(b) A person 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 City Manager, prior to the date of any show cause or termination hearing as set forth in this chapter.

(2) Nothing in this division (G) shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(H) Termination of discharge.

(1) In addition to those provisions in § 50.059, any person that violates the following conditions of this chapter, wastewater discharge permits, or orders issued hereunder, is subject to discharge termination.

  • (a) Violation of wastewater discharge permit conditions;

  • (b) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

  • (d) Refusal of reasonable access to the person’s premises for the purpose of inspection, monitoring, or sampling;

(e) Violation of the pretreatment standards in §§ 50.020 through 50.025.

(2) Such person will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) of this section why the proposed action should not be taken.

(‘63 Code, §§ 5-5.1001 - 5-5.1006) (Ord. 571-C.S., passed 6-2-94; Am. Ord. 737-C.S., passed 2-3-09; Am. Ord. 775-C.S., passed 12-20-11; Am. Ord. 892-C.S., passed 12-17-19)

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▸ Contents — Eureka Zoning Code
Eureka Zoning Code
  1. Article I — NAME AND SEAL; FORM OF GOVERNMENT; BOUNDARIES; MUN…
  2. Article II — ELECTIONS
  3. Article III — CITY COUNCIL
  4. Article IV — MAYOR
  5. Article V — ORDINANCES
  6. Article VI — ADMINISTRATION
  7. Article VII — FISCAL ADMINISTRATION
  8. Article VIII — OFFICERS AND EMPLOYEES
  9. Article IX — FRANCHISES
  10. Article X — INITIATIVE, REFERENDUM AND RECALL
  11. Article XI — MISCELLANEOUS PROVISIONS
  12. Chapter 10 — GENERAL PROVISIONS
  13. Chapter 30 — CITY COUNCIL
  14. Chapter 31 — CITY OFFICIALS
  15. Chapter 32 — CITY DEPARTMENTS
  16. Chapter 33 — BOARDS, COMMISSIONS, AND COMMITTEES
  17. Chapter 34 — PERSONNEL POLICIES
  18. Chapter 35 — FINANCE, REVENUE AND TAXATION
  19. Chapter 36 — HEALTH FACILITY REVENUE BONDS
  20. Chapter 37 — ELECTIONS
  21. Chapter 38 — CIVIL EMERGENCIES
  22. Chapter 39 — CITY POLICY
  23. Chapter 40 — TRANSFERS OF CITY-OWNED REAL PROPERTY
  24. ▸ Chapter 50 — SEWERS
    Overview
    1. § 50.001 PURPOSE AND POLICY.
    2. § 50.002 DEFINITIONS.
    3. § 50.003 ABBREVIATIONS.
    4. § 50.004 VANDALISM.
    5. § 50.005 CONFIDENTIAL INFORMATION.
    6. § 50.006 CONFLICTING PROVISIONS.
    7. § 50.007 SEVERABILITY.
    8. § 50.020 PROHIBITED DISCHARGE STANDARDS.
    9. § 50.021 FEDERAL CATEGORICAL PRETREATMENT STANDARDS.
    10. § 50.022 SPECIFIC POLLUTANT LIMITATIONS.
    11. § 50.023 CITY'S RIGHT OF REVISION.
    12. § 50.024 SPECIAL AGREEMENT.
    13. § 50.025 DILUTION.
    14. § 50.035 PRETREATMENT FACILITIES.
    15. § 50.036 ADDITIONAL PRETREATMENT MEASURES.
    16. § 50.037 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
    17. § 50.038 TENANT RESPONSIBILITY.
    18. § 50.039 HAULED WASTEWATER.
    19. § 50.040 GREASE HAULER PERMIT REQUIREMENTS.
    20. § 50.041 GREASE HAULER PERMIT APPLICATION.
    21. § 50.042 GREASE HAULER PERMIT REISSUANCE.
    22. § 50.043 GREASE HAULER PERMIT CONTENTS.
    23. § 50.044 GREASE HAULER PERMIT APPEALS.
    24. § 50.045 GREASE HAULER PERMIT MODIFICATION.
    25. § 50.046 REVOCATION OF PERMIT.
    26. § 50.050 WASTEWATER SURVEY.
    27. § 50.051 WASTEWATER DISCHARGE PERMIT REQUIREMENTS.
    28. § 50.052 WASTEWATER DISCHARGE PERMIT APPLICATION.
    29. § 50.053 WASTEWATER DISCHARGE PERMIT DECISIONS.
    30. § 50.054 DURATION OF PERMIT; REISSUANCE.
    31. § 50.055 PERMIT CONTENTS.
    32. § 50.056 APPEALS.
    33. § 50.057 PERMIT MODIFICATION.
    34. § 50.058 TRANSFER OF PERMIT.
    35. § 50.059 REVOCATION OF PERMIT.
    36. § 50.070 BASELINE MONITORING REPORTS.
    37. § 50.071 COMPLIANCE SCHEDULE PROGRESS REPORT.
    38. § 50.072 REPORT ON COMPLIANCE WITH CATEGORICAL PRETREATMENT ST…
    39. § 50.073 PERIODIC COMPLIANCE REPORTS.
    40. § 50.074 REPORTS OF CHANGED CONDITIONS.
    41. § 50.075 REPORTS OF POTENTIAL PROBLEMS.
    42. § 50.076 REPORTS FROM NONSIGNIFICANT INDUSTRIAL USERS.
    43. § 50.077 NOTICE OF VIOLATION; REPEAT SAMPLING AND REPORTING.
    44. § 50.078 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
    45. § 50.079 ANALYTICAL REQUIREMENTS.
    46. § 50.080 SAMPLE COLLECTION; DETERMINATION OF NONCOMPLIANCE.
    47. § 50.081 RECORD KEEPING.
    48. § 50.090 PERMITS REQUIRED.
    49. § 50.091 IMPACT FEES AND INSTALLATION CHARGES.
    50. § 50.092 MAINTENANCE OF BUILDING SEWERS.
    51. § 50.093 MAIN EXTENSIONS.
    52. § 50.105 WASTEWATER VOLUME DETERMINATION.
    53. § 50.106 PRETREATMENT CHARGES AND FEES.
    54. § 50.107 WASTEWATER USER CHARGES.
    55. § 50.108 BILLING; PERSONS RESPONSIBLE FOR PAYMENT.
    56. § 50.109 PENALTY FOR NONPAYMENT.
    57. § 50.120 DUTIES OF CITY MANAGER.
    58. § 50.121 COMPLIANCE MONITORING.
    59. § 50.122 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOM…
    60. § 50.123 ADMINISTRATIVE ENFORCEMENT REMEDIES.
    61. § 50.124 JUDICIAL ENFORCEMENT REMEDIES.
    62. § 50.125 SUPPLEMENTAL ENFORCEMENT ACTION.
    63. § 50.126 REMEDIES NONEXCLUSIVE.
    64. § 50.127 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
    65. § 50.201 PURPOSE.
    66. § 50.202 TRIGGERING EVENTS.
    67. § 50.203 INSPECTION METHODS.
    68. § 50.204 REVIEW OF INSPECTION RESULTS, STANDARDS.
    69. § 50.205 NOTICE TO REPAIR.
    70. § 50.206 TIMING AND COMPLETION OF WORK.
    71. § 50.207 FEE IN LIEU OF REPAIR, REPAIRS PERFORMED BY THE CITY …
    72. § 50.208 LATERAL CERTIFICATE.
    73. § 50.209 EXCEPTIONS.
    74. § 50.210 FEES.
    75. § 50.211 FAILURE TO REPAIR OR REPLACE.
    76. § 50.212 ASSISTANCE WITH SEWER REPAIR COSTS.
  25. Chapter 51 — SOLID WASTE
  26. Chapter 52 — UNDERGROUND UTILITY DISTRICTS
  27. Chapter 53 — WATER
  28. Chapter 54 — STORM WATER QUALITY MANAGEMENT AND DISCHARGE CONT…
  29. Chapter 55 — ENERGY
  30. Chapter 56 — STREETS
  31. Chapter 70 — GENERAL PROVISIONS
  32. Chapter 71 — TRAFFIC RULES
  33. Chapter 72 — STOPPING, STANDING AND PARKING
  34. Chapter 73 — BICYCLES
  35. Chapter 75 — MOBILE VENDORS OPERATING UPON A STREET
  36. Chapter 90 — ABANDONED VEHICLES
  37. Chapter 91 — ANIMALS
  38. Chapter 92 — FIRE PREVENTION
  39. Chapter 93 — PARKS AND RECREATION
  40. Chapter 94 — HEALTH AND SANITATION
  41. Chapter 95 — MUNICIPAL AIRPORT
  42. Chapter 96 — PARADES AND ASSEMBLIES
  43. Chapter 97 — SMOKING
  44. Chapter 98 — STREETS AND SIDEWALKS
  45. Chapter 99 — TRAINS AND RAILROADS
  46. Chapter 100 — HARBOR REGULATIONS
  47. Chapter 101 — FILMING
  48. Chapter 102 — BEEKEEPING
  49. Chapter 103 — PRIVATE SECURITY AND FIRE ALARM SYSTEMS
  50. Chapter 104 — MILITARY EQUIPMENT USE
  51. Chapter 110 — BUSINESS LICENSES
  52. Chapter 112 — AMBULANCES
  53. Chapter 113 — AMUSEMENTS
  54. Chapter 114 — CABLE TELEVISION SYSTEMS
  55. Chapter 115 — FOOD ESTABLISHMENTS AND OUTDOOR DINING AREAS
  56. Chapter 117 — MASSAGE PARLORS
  57. Chapter 118 — SOLICITORS, CANVASSERS, AND SIDEWALK VENDORS
  58. Chapter 119 — SECOND-HAND DEALERS
  59. Chapter 120 — TAXICABS AND LIMOUSINES
  60. Chapter 121 — OTHER VEHICLES FOR HIRE
  61. Chapter 122 — FOREIGN-TRADE ZONE
  62. Chapter 130 — OFFENSES AGAINST PUBLIC PEACE AND SAFETY
  63. Chapter 131 — PROPERTY OFFENSES
  64. Chapter 132 — DRUG OFFENSES
  65. Chapter 133 — WEAPONS OFFENSES
  66. Chapter 134 — ABATEMENT OF CHRONIC NUISANCE PROPERTIES
  67. Chapter 150 — BUILDING REGULATIONS
  68. Chapter 151 — AIRPORT ZONING
  69. Chapter 152 — PLANNING AND ZONING ADMINISTRATION
  70. Chapter 153 — FLOOD HAZARD AREA REGULATIONS
  71. Chapter 154 — SUBDIVISION REGULATIONS
  72. Chapter 155 — ZONING REGULATIONS
  73. Chapter 155 — ZONING REGULATIONS (old)
  74. Chapter 156 — COASTAL ZONING REGULATIONS
  75. Chapter 157 — HISTORIC PRESERVATION
  76. Chapter 158 — CANNABIS
  77. Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

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