King City Municipal Code Ch. 15.19 Sewers—remedies for Noncompliance

It is unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this title, any violation of the provisions herein shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of the chapter, the trial court, upon recommendation of the city attorney, may reduce the charged offense from a misdemeanor to an infraction.

(a) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the King City Municipal Code shall be as follows:

(1) First administrative citation: two hundred fifty dollars per violation;

(2) Second administrative citation: five hundred dollars per violation;

(3) Third administrative citation: one thousand dollars per violation; and

(4) One thousand dollars per violation for each subsequent administrative citation.

(b) The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions under the King City Municipal Code shall be as follows:

(1) First administrative citation: one hundred dollars per violation;

(2) Second administrative citation: two hundred dollars per violation;

(3) Third administrative citation: five hundred dollars per violation; and

(4) Five hundred dollars per violation for each subsequent administrative citation.

(c) In addition to the penalty set forth hereinabove for the conviction of a misdemeanor and/or infraction for violation of any of the provisions of this chapter, any person so convicted shall further be required to pay restitution to the city for all costs, including city staff time and reasonable attorney’s fees, related to the enforcement of this chapter.

(Ord. 772 § 5, 2019)

When the city manager finds that a user has violated, or continues to violate, any provision of this title, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager may serve upon that user a written notice of violation by either personal service, U.S. mail and/or posting or depositing the notice at the property. Within ten 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 the city 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. Nothing in this section shall limit the authority of the city manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. 772 § 5, 2019)

The city 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 the administrative orders issued pursuant to this chapter and shall be judicially enforceable.

(Ord. 772 § 5, 2019)

The city manager may order a user which has violated, or continues to violate, any provision of this chapter, an industrial 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 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 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 15.08.030. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. 772 § 5, 2019)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city 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.

(Ord. 772 § 5, 2019)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the city manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately comply with all requirements; and

(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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 772 § 5, 2019)

(a) When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager may fine such user in an amount not to exceed one thousand dollars. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(b) Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized pursuant to this chapter and/or the provisions of the King City Municipal Code.

(c) Each and every violation of this chapter shall constitute a separate violation and shall be penalized pursuant to this chapter and/or the provisions of the King City Municipal Code.

(d) Assessments may be added to the user’s next scheduled sewer service charge and the city manager shall have such other collection remedies as may be available for other services charges and fees.

(e) Users desiring to appeal such fines must file a written request with the city manager to reconsider the fine within ten days of being notified of the fine. The city manager shall convene a hearing on the matter within sixty days of receiving the request from the user. In the event the user’s appeal is successful, the fine shall be removed. If the users appeal is denied, the city manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(f) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 772 § 5, 2019)

The city manager may immediately suspend a user’s discharge, after informal notice (oral, written, or other reasonable 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. The city manager may also immediately suspend a user’s discharge, after informal 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 user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the city manager may 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 may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city manager that the period of endangerment has passed, unless the termination proceedings in Chapter 15.13 of this title are initiated against the user.

(b) A user 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 under this chapter.

(Ord. 772 § 5, 2019)

In addition to the provisions in Section 15.14.100 of this title, any user who violates the following conditions is subject to discharge termination:

(a) Violation of industrial 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 user’s premises for the purpose of inspection, monitoring, or sampling; or

(e) Violation of the pretreatment standards defined in Chapter 15.08 or pretreatment standards or requirements established in Chapter 15.13.

(Ord. 772 § 5, 2019)

When the city manager finds that a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city manager may petition the Monterey Superior Court through the city’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by this title on activities of the user. 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.

(Ord. 772 § 5, 2019)

(a) A user who has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of up to one thousand dollars per violation of the King City Municipal Code, per day. 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.

(b) The city manager 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.

(c) In determining the amount of civil liability, the court may 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.

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

(Ord. 772 § 5, 2019)

(a) A user who willfully or negligently violates any provision of this title, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than six months, or both.

(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of not more than one thousand dollars or be subject to imprisonment for not more than six months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, industrial wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than six months, or both.

(d) In the event of a second conviction, a user shall be punished by a fine of not more than one thousand dollars per violation, per day, or imprisonment for not more than six months, or both.

(Ord. 772 § 5, 2019)