Hercules Municipal Code Art. 5 Enforcement

The City may suspend the wastewater treatment service and/or a Wastewater Contribution Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the City to violate any condition of its NPDES Permit.

Any person notified of a suspension of the wastewater treatment service and/or the Wastewater Contribution Permit shall immediately stop or eliminate the contribution. In the event of failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the Wastewater Contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days of the date of occurrence.

(Ord. 201 § 5.1, 1985)

Any user who violates the following conditions of this Chapter, or applicable state or federal regulations, is subject to having his permit revoked in accordance with the procedures of this section.

(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

(d) Violation of conditions of the permit.

(Ord. 201 § 5.2, 1985)

Whenever the City finds that any user has violated or is violating this Chapter, his Wastewater Contribution Permit, or any prohibition, limitation, or requirement contained herein, the City may serve upon such person a written notice stating the nature of the violation.

Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user.

(Ord. 201 § 5.3, 1985)

(a) The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

(b) The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to:

(1) Issue in the name of the City Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

(2) Take the evidence;

(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

(c) At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

(d) After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate measures are taken to correct the violation(s). Further orders and directives as are necessary and appropriate may be issued.

(Ord. 201 § 5.4, 1985)

If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this Chapter, state or federal pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal and/or equitable relief in the courts of Contra Costa County.

(Ord. 201 § 5.5, 1985)

Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the City Manager, made or authorized pursuant to the provisions of this Chapter, may file a written request with the City Manager for reconsideration thereof within ten (10) 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 Manager shall render a final decision within ten (10) days of the receipt of such request for reconsideration.

Any user, permittee, applicant, or other person aggrieved by the final determination of the City Manager may appeal such determination of the City Manager to the City Council within ten (10) days of notification by the City Manager. Written notification of such appeal shall be filed with the City Clerk within ten (10) days after notification of the final determination of the City Manager, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the City Council within thirty (30) days from the date of filing the Notice of Appeal. Upon conclusion of the hearing, the Council may affirm, reverse or modify the final determination of the City Manager as the Council deems just and equitable. During the pendency of any such appeal, the final determination of the City Manager shall remain in force and effect. The Council's determination on the appeal shall be final.

(Ord. 201 § 5.6, 1985)