Laguna Beach Municipal Code Art. III Authorities and Powers

(a) The CLB and SOCWA are regulated by agencies of the United States Federal Government and the state under provisions of federal and state law. Federal law requires SOCWA and the CLB, and the state grants SOCWA and the CLB the authority to regulate or prohibit by adoption of ordinances, resolutions, and issuance of wastewater discharge permits or other control mechanisms, the discharge of any waste, directly or indirectly, to SOCWA's or the CLB's sewerage facilities. That authority includes, but is not limited to, the right to establish local limits, conditions, prohibitions, flow rates, prohibit flows discharged to SOCWA's or the CLB's sewerage facilities, and enforce federal, state and local requirements. This may require the implementation of compliance schedules for the installation of flow monitoring equipment by users, and for SOCWA or the CLB to take all actions necessary to enforce its authority, whether within or outside SOCWA's or the CLB's service area, including those users that are tributary to SOCWA or the CLB, or within areas for which SOCWA or the CLB has contracted to provide sewerage facility services.

(b) The CLB and SOCWA have the authority under California Health and Safety Code Sections 5471 and 5474 to prescribe, revise, and collect all fees, and to charge for services and sewerage facilities furnished by SOCWA, either within or without its service area.

(c) Administration and enforcement of the pretreatment program may be carried out on a daily basis by the CLB or through contractual arrangement with SOCWA through an interjurisdictional agreement. However, SOCWA retains the authority to assume, at any time, administrative and enforcement powers of the pretreatment program requirements within the CLB's jurisdiction if SOCWA demonstrates that the CLB has failed to take actions to enforce its pretreatment program in the manner required in the NPDES permit.

(d) The CLB shall have the authority to seek compliance with 40 CFR 403, its NPDES permit and the provisions of this chapter by, but not limited to, the following:

(1) Issue WD permits;

(2) Require the installation of pretreatment equipment;

(3) Require the installation of monitoring and/or sampling equipment and/or structures;

(4) Require self-monitoring and reporting of the user's discharge;

(5) Require the implementation of spill containment plans.

(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)

Whenever any authority or power is granted to or a duty imposed upon the city manager, that authority or power may be exercised or that duty may be performed by a person authorized by the city manager.

(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)

(a) Enforcement action against a user for being in noncompliance with the provision of this chapter shall include, but is not limited to, the following:

(1) Issuing a warning notice of noncompliance letter;

(2) Issuing a notice of noncompliance (NON) form;

(3) Issuing a notice of violation (NOV) form;

(4) Issuing an administrative order (AO) which may also include, but are not limited to, the following:

(A) Probation order (PO),

(B) Show cause order (SCO),

(C) Cease and desist order (CDO);

(5) Petition the courts for injunction or civil penalties;

(6) Signing criminal complaints;

(7) Suspension or revocation of an issued wastewater discharge permit or other control mechanism;

(8) Termination of services;

(9) Administrative complaints.

(b) The issuance of an enforcement action shall not be a bar against, nor a prerequisite for, taking any other enforcement action against the user.

(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)