Lodi Municipal Code Art. VII Enforcement

A. Notice to Authorities.

1. Upon accidentally discharging wastes in violation of this chapter, or in violation of a city-issued discharge permit, users shall notify the water services manager or the White Slough Water Pollution Control Facilities (WSWPCF) personnel immediately by telephone or in person, or by calling the public works department twenty-four-hour emergency number to enable countermeasures to be taken by the city to minimize damage to the sewerage system, treatment facility, treatment processes and/or the receiving water.

2. This notification shall be followed, within ten calendar days of the date of occurrence, by a detailed written statement to the public works director describing the cause, location, type, volume, concentration, date, time and duration of the accidental discharge, measures taken to correct the problem, and steps taken to prevent future occurrence.

3. Such notification will not relieve users of liability for any expense, loss or damage to the sewerage 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 Game Code.

B. If sampling performed by a user indicates a violation, the user must notify the water/wastewater superintendent or the WSWPCF personnel within twenty-four hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the public works director within thirty days after becoming aware of the violation per 40 CFR 403.12(g)(2).

C. Employee Training. In order that employees of users be informed of the city's requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. 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 this chapter.

(Ord. No. 1819, 2-18-2009)

All industrial users shall notify the water services manager or White Slough Water Pollution Control Facility personnel immediately of all discharges that could cause problems to the WSWPCF including slug discharge as defined by Lodi Municipal Code Section 13.12.020(54).

(Ord. No. 1819, 2-18-2009; Ord. No. 1850, § 2, 9-7-2011)

All significant industrial users are required to notify the water services manager or White Slough Water Pollution Control Facilities personnel of all changes at their facility that affect the potential for a slug discharge.

(Ord. No. 1819, 2-18-2009)

Users must notify the public works director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least thirty days before the change.

(Ord. No. 1819, 2-18-2009)

When the city finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of this chapter, or the provisions of a wastewater discharge permit, the public works director may issue an order to cease and desist, and direct those persons not complying with such prohibitions, limits, requirements or provisions, to:

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.

(Ord. No. 1819, 2-18-2009)

When the city finds that a discharge of wastewater has been taking place, or is threatening to take place, in violation of prohibitions or limitations prescribed in this chapter, 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 requirements.

(Ord. No. 1819, 2-18-2009)

A. Any user, permit applicant or permit holder affected by any decision, action or determination, including cease and desist orders, made by the public works director, interpreting or implementing the provisions of this chapter or in any permit issued in this chapter, may file with the public works director a written request for reconsideration within twenty days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The public works director may accept the application, reject the application for sound reasons or direct the applicant, at applicant's sole expense, to maintain and operate in a manner satisfactory to the public works director such indicating or integrating meters as may be required to properly measure the flow, establish sampling equipment, tests and procedures satisfactory to the public works director to determine the characteristics of the wastes.

B. If the ruling made by the public works director is unsatisfactory to the person requesting reconsideration, the person may, within twenty days after notification of the city's action, file a written appeal to the city council. The written appeal shall be heard by the council within twenty days from the date of filing. The city council shall make a final ruling on the appeal within twenty days of the hearing.

The public works director's decision, action or determination shall remain in effect during such period of reconsideration.

(Ord. No. 1819, 2-18-2009)

Any person, firm or corporation, or any partner, officer, agent or employee thereof, who deposits or permits to be deposited into the city's sewerage system any wastes other than those permissible under the terms of this chapter and the terms of a valid permit granted under this chapter is liable for any and all damage caused to the city by virtue of such act, including compensation for damage to the city's facilities, and all costs of any legal fees, suits or judgments against the city which may be attributable to such wastes so discharged.

(Ord. No. 1819, 2-18-2009)

Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the city may petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

(Ord. No. 1819, 2-18-2009)

When a discharge of wastewaters or any other substance causes an obstruction, damage or any other impairment to the city's sewerage system, the city shall assess a charge against the user for the work, materials and services required to clean or repair the affected portions of the sewerage system.

(Ord. No. 1819, 2-18-2009)

Any person who violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution, or who violates a cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be liable civilly to a penalty not to exceed six thousand dollars for each day in which such violation occurs. The city attorney, upon order of the city council, shall petition the superior court to impose, assess and recover such sums.

(Ord. No. 1819, 2-18-2009)

The city may revoke any wastewater discharge permit, or terminate or restrict or cause to be terminated or restricted wastewater service to any premises, which may include termination or restriction of the water service if warranted, if a violation of any provisions of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this chapter. The city also reserves the right to immediately disconnect any user, upon informal notice only, in the event of an unlawful discharge which may cause imminent danger to human health, the environment, or which threatens to interfere with the treatment plants operation. This provision is in addition to other statutes, rules or regulations, authorizing termination of service for delinquency in payment.

(Ord. No. 1819, 2-18-2009)

A. In accordance with Federal Pretreatment Regulations 40 CFR 403, the city shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance with any provisions of this chapter or in significant violation of any permit or order issued hereunder during the period since the previous publication.

(Ord. No. 1819, 2-18-2009)