Hayward Municipal Code Ch. 6 Enforcement

6.01 Enforcement Response Plan. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan. However, the Manager may take other action against any user when the circumstances warrant. Further, the Manager is empowered to take more than one enforcement action against any noncompliant user.

6.02 Notification of Discharge. Users shall notify the City immediately upon accidentally discharging wastes in violation of these regulations and/or discharging any slug loading, to enable countermeasures to be taken by the City to minimize damage to the City sewer, treatment facility, treatment processes, and the receiving waters.

This notification shall be followed by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence, to be received by the City within five (5) calendar days of the date of occurrence.

Such notification will not relieve users of liability for any expense, loss, or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the City on account thereof under section 13350 of the California Water Code, or for violations of section 5650 of the California Fish and Wildlife (previously known as California Fish and Game) Code.

6.03 Warning Notice. The Manager may issue a warning notice as the first level of written enforcement. Warning notices are written letters sent to industrial users in response to most initial instances of sampling violations, exceedances of local and federal limits, late reports that are less than 45 days late, and other minor violations. The industrial user shall respond in writing within fifteen (15) days of the date of the warning letter unless otherwise indicated by the Manager. This response shall include, at a minimum, an explanation of the reasons/causes of the violation and corrective actions to be implemented by the industrial user to prevent future violations.

6.04 Notification of Violation (NOV). When the Manager finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, Manager may serve upon that user a written Notice of Violation. Within fifteen (15) days of the receipt of such 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 user to Manager. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation.

6.05 Administrative Citation. Administrative citations may be issued for violations of the City of Hayward Municipal Code at the discretion of the Manager. If violations listed on a citation are not corrected within a specified time, fines may be assessed. Fines escalate with each successive citation for uncorrected violations. Violators may appeal an administrative citation and request an administrative hearing per the process defined in Section 7.09 of this document.

6.06 Administrative Order. An administrative consent, show cause, or compliance order may be issued to direct an IU to take a particular step in order to regain compliance. These orders are handled on a case-by-case basis, and there is no standard time frame as to when they are issued.

(a) Consent Orders. The Manager may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as administrative fines issued pursuant to Section 7.09 of this ordinance and shall be judicially enforceable.

(b) Show Cause Hearing. The Manager may order a user which has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user 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 fifteen (15) days prior to the hearing. Such notice may be served on any Authorized Representative of the user as defined in Section 1.02(b). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(c) Compliance Orders. When the Manager finds that a user has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. 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 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 sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

6.07 Issuance of Cease and Desist Orders. When the City finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of these regulations, or the provisions of a Wastewater Discharge Permit, the Manager may issue an order to cease and desist, and direct that those not complying with such prohibitions, limits, requirements, or provisions:

(a) comply forthwith;

(b) comply in accordance with a time schedule set forth by the City; or

(c) take appropriate remedial or preventive action in the event of a threatened violation.

6.08 Submission of Time Schedule. When the City finds that a discharge of wastewater has been taking place in violation of prohibitions or limitations prescribed in these regulations, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a Wastewater Discharge Permit, the City may require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of the requirements.

6.09 Appeals. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders made by the Manager, interpreting or implementing the provisions of these regulations or in any permit issued herein, may file with the Manager a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.

If the ruling made by the Manager is unsatisfactory to the person requesting reconsideration, he or she may, within ten (10) days after notification of City action, file a written appeal to the City Council. The written appeal shall be heard by the City Council, within 30 days of its filing date. A final ruling on the appeal shall be rendered within ten (10) days of the close of the hearing. The Manager's decision, action, or determination shall remain in effect during such period of reconsideration.

6.10 Notices to Employees. In order that employees of users are informed of City requirements, users shall make available to their employees copies of these regulations together with such other wastewater information and notices directed toward more effective water pollution control which may be periodically furnished by the City. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of these regulations, as listed below: