La Palma Municipal Code Div. 6 Enforcement

(a) Noncompliance with permit discharge conditions, or any discharge provisions of this article, may be determined by an inspection of a grease control device, manifests and documentation, and/or analysis of a grab or composite sample of the effluent of a discharge establishment.

(b) Sampling and inspection of discharge establishments shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the FOG Control Program Manager.

(c) Any sample taken from a sample point shall be considered to be representative of the overall discharge to the public sewer.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) Upon determination that a permittee is in noncompliance with the terms and conditions specified in its permit or any provision of this article, the FOG Control Program Manager shall require the permittee to submit a schedule of compliance to the FOG Control Program Manager for review and approval.

(b) The schedule of compliance shall include the actions that will be required to return the discharge establishment to a state of compliance including requirements for installation of a grease control device, submittal of drawings or reports, audit of waste hauling records, best management and waste minimization practices, payment of fees, or other provisions to ensure compliance with this article. The schedule of compliance shall include a time frame for conducting the required actions and an identification of the person responsible for conducting the required actions.

(c) Within 30 days of receipt of a proposed schedule of compliance, the FOG Control Program Manager shall review the document and approve or deny the proposed schedule of compliance. In approving the schedule of compliance, the FOG Control Program Manager may attach such conditions as are necessary to ensure the permittee adheres to this article.

(d) If compliance is not achieved in accordance with the terms and conditions of the schedule of compliance during its term or if the schedule of compliance is denied, the FOG Control Program Manager may issue an order suspending or revoking the discharge permit pursuant to this article.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) The City Manager may suspend any permit when it is determined that a permittee:

(1) Fails to comply with the terms and conditions of an approved schedule of compliance;

(2) Knowingly provides a false statement, representation, record, report, or other document to the City;

(3) Refuses to provide records, reports, plans, or other documents required by the City to determine permit terms or conditions, discharge compliance, or compliance with this article;

(4) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;

(5) Refuses reasonable access to the premises for the purpose of inspection and monitoring;

(6) Does not make timely payment of all amounts owed to the City for permit fees, cleanup costs attributable to the permittee, or any other fees imposed pursuant to this article;

(7) Causes interference, sewer blockages, or sanitary sewer overflows with the City's collection, treatment, or disposal system; or

(8) Violates grease interceptor maintenance requirements, any condition or limit of the permit, or any provision of this article or of any applicable law or regulation in connection with FOG control.

(b) (1)

When the FOG Control Program Manager has reason to believe that grounds exist for permit suspension, the FOG Control Program Manager shall give written notice thereof by certified mail to the permittee setting forth a statement of the facts and grounds deemed to exist, together with the time and place where an administrative hearing shall be heard. The hearing and notice thereof shall be conducted according to the administrative hearing provisions established in section 2-385 with the City Manager acting as the hearing officer.

(2) Within the time period specified in section 2-385, the City Manager shall make a determination. If the City Manager finds that grounds exist for suspension of the permit, the City Manager shall prepare an order of suspension. The findings and order shall be sent by certified mail to the permittee at the business address identified on the permit.

(c) Effect.

(1) An order of suspension shall take effect and be final in all respects on the 16th day following the mailing of such order. The order of suspension may be subject to judicial review pursuant to this article.

(2) Upon an order of suspension becoming final, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the City's system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee.

(3) Any owner or responsible management employee of the permittee shall be bound by the order of suspension.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) The City Manager may revoke any permit when it is determined that a permittee commits any of the following violations:

(1) Commits any of the actions identified in subsection 34-181(a);

(2) Fails to comply with the terms and conditions of permit suspension;

(3) Discharges effluent to the City's sewer system while its permit is suspended.

(b) When the FOG Control Program Manager has reason to believe that grounds exist for the revocation of a permit, the FOG Control Program Manager and City Manager, as appropriate, shall follow the notice and hearing procedures identified in subsection 34-181(b) except that, within the time specified, if the City Manager determines that sufficient grounds exist for revoking the permit, an order of revocation shall be issued by the City Manager instead of an order of suspension. In the event the City Manager does not revoke the permit, the City Manager may order other enforcement actions, including suspension of the permit under terms and conditions deemed appropriate by the City Manager.

(c) Effect.

(1) An order of revocation shall take effect and be final in all respects on the sixteenth day following the mailing of such order. The order of revocation may be subject to judicial review pursuant to this article.

(2) Upon an order of revocation by the City Manager becoming final, the permittee shall permanently lose all rights to discharge any wastewater containing FOG directly or indirectly to the City's system. All costs for physical termination shall be paid by the permittee.

(3) Any owner or responsible management employee of the permittee shall be bound by the order of revocation.

(4) Any future application for a permit at any location within the City by any person associated with an order of revocation will be considered by the City after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) Any person who discharges any waste which causes or contributes to any sewer blockage, sanitary sewer overflows, obstruction, interference, damage, or any other impairment to the City's sewer facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities, together with expenses incurred by the City to resume normal operations.

(b) Any person who discharges a waste which causes or contributes to the City violating its discharge requirements established by any regulatory agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the City, including regulatory fines, penalties, and assessments made by other agencies or a court.

(c) Sewer lateral failures and sanitary sewer overflows caused by discharge establishments, alone or collectively, are the responsibility of the private property owners, dischargers, and/or responsible officers or owners/operators of the establishments.

(d) If the City must act immediately to contain and clean up a sanitary sewer overflow caused by blockage of a private or public sewer lateral or system serving a discharge establishment, or if the City acts at the request of a property owner or operator of a discharge establishment to abate a blockage caused by a discharge establishment, or if the City must act because of the failure of the property owner or discharge establishment to abate a condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the City's costs for such clean up and abatement may be entirely borne by the property owner, the discharge establishment, and/or responsible officers or owners/operators of the discharge establishment. Such clean-up costs may constitute a debt, a lien, and/or a special assessment benefitting the City.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) Sanitary sewer overflows may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared to be public nuisances.

(b) Discharge establishments found to have contributed to a sanitary sewer overflow containing FOG shall be required to create and effectuate a plan to abate the nuisance and prevent any future health hazards created by sanitary sewer overflows. Such plan may include the requirement to install and maintain a grease interceptor.

(c) Discharge of wastewater in any manner in violation of this article or of any order issued by the FOG Control Program Manager or City Manager, as authorized by this article, is hereby declared a public nuisance and shall be corrected or abated as directed by the FOG Control Program Manager or City Manager. Any person creating a public nuisance shall be subject to any and all of the enforcement provisions of article XI of chapter 2.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) The City, by order of the City Manager, may physically terminate sewer service to any property as follows:

(1) On a term of any order of suspension or revocation of a permit;

(2) Upon the failure of any person without a valid FOG wastewater discharge permit to immediately cease the discharge, whether direct or indirect, to the City's sewer facilities when such discharge contains or has the potential to contain FOG.

(b) All costs for physical termination shall be paid by the owner or operator of the discharge establishment or permittee as well as all costs for reinstating service.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) The City may, by order of the FOG Control Program Manager, suspend sewer service when the FOG Control Program Manager determines that such suspension is necessary in order to stop an actual or impending discharge which:

(1) Presents or may present an imminent or substantial endangerment to the health and welfare of persons or the environment;

(2) May cause sanitary sewer overflows, sewer blockages, interference to the City's sewer facilities; or

(3) May cause the City to violate any State or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system.

(b) As soon as reasonably practicable following the issuance of an emergency suspension order, but in no event more than five business days following the issuance of such order, the City Manager shall hold a hearing to provide the discharge establishment or permittee the opportunity to present information in opposition to the issuance of the emergency suspension order. Such a hearing shall not stay the effect of the emergency suspension order. The hearing shall be conducted in accordance with procedures established by the City Manager and approved by the City Attorney and, to the extent possible, shall follow the procedures set forth in section 2-384. The City Manager shall issue a written decision and order within two business days following the hearing, which decision shall be sent by certified mail to the discharge establishment at the business address listed on the permit. The decision of the City Manager following the hearing shall be final but may be subject to judicial review pursuant to this article.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) All users of the City's system and facilities are subject to enforcement actions administratively or judicially by the City, U.S. EPA, State of California Regional Water Quality Control Board, the County of Orange or the City Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including:

(1) The Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. § 1251 et seq.);

(2) California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.);

(3) California Hazardous Waste Control Law (Health and Safety Code §§ 25100—25250);

(4) Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.); and

(5) Government Code §§ 54739 and 54740.

(b) In the event the City is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits and said violation can be established by the City as having been caused by the discharge of any user of the City's system which is in violation of any provision of this article or the user's permit, the City shall be entitled to recover from the user all costs and expenses, including the full amount of said fines or penalties to which it has been subjected.

(c) Pursuant to the authority of Government Code §§ 54739 and 54740, any person who violates any provision of this article; any permit condition, prohibition, or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. In addition, pursuant to the authority of the Clean Water Act, 33 U.S.C. § 1251 et seq., any person who violates any provision of this article or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs. The City Attorney, upon request of the City Manager, shall petition the Superior Court to impose, assess, and recover such penalties, or such other penalties as the City may impose, assess, and recover pursuant to federal and/or State legislative authorization.

(Ord. No. 2022-13, § 1, 12-13-2022)

State Law reference— Enhanced penalties authorized for violation of sanitation or sewer system requirements, Government Code § 54740.

The violation of any provision of this article, any permit condition, prohibition, or effluent limit, or any suspension or revocation order shall be subject to the administrative fines established in division 3 of article XI of chapter 2 as well as the administrative complaint process established in Government Code §§ 54740.5 and 54740.6.

(Ord. No. 2022-13, § 1, 12-13-2022)

Any discharge establishment, permit applicant, or permittee affected by any decision, action or determination made by the FOG Control Program Manager or notice of violation issued by any City Inspector may file a written request for an appeal with the City Manager. The appeal process shall be conducted according to the administrative hearing provisions established in section 2-385 with the City Manager acting as the hearing officer. The order of the City Manager shall be final in all respects.

(Ord. No. 2022-13, § 1, 12-13-2022)

Any discharge establishment, permit applicant, or permittee adversely affected by a decision, action, or determination made by the City Manager pursuant to this article may seek judicial review through the methods established in section 2-386.

(Ord. No. 2022-13, § 1, 12-13-2022)

(a) Except as otherwise provided, all fees, charges, and penalties established by this article are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid 30 days after date of invoice. When the charge becomes delinquent, penalties may accrue according to the standards established in this Code.

(b) Any invoice outstanding and unpaid after 90 days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the permit.

(c) Payment of a charge is required irrespective of whether the permittee is disputing the charge with the City Manager and/or is seeking judicial review. The City shall refund the full amount of any payment which has been successfully appealed.

(d) The City at its discretion may pursue any and all legal and equitable remedies for the collection of unpaid fees and charges. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and penalties owed by a person under this article have been collected.

(Ord. No. 2022-13, § 1, 12-13-2022)