Lompoc Municipal Code Art. VI Violation

A. Liability for Violation. Any user discharging wastewater, which causes interference, obstruction, pass through, or damage to the wastewater system, shall be responsible for all costs incurred by the City as a result of such discharge, including assessments by other agencies or the court.

B. Emergency Authority. The Director may immediately suspend or terminate wastewater service to a user after notifying the user of violation, if necessary in the Director's opinion, to terminate a discharge which reasonably appears to endanger the health or safety of the community, or threatens to pass through or interfere with the operation of the wastewater system.

1. 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 Director 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 Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless termination proceedings are initiated against the user.

2. 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 Director prior to the date of any show cause or termination hearing.

3. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension or termination.

(Prior code § 3374; Ord. 1740(25), 12/16/2025)

The City shall publish, at least annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of users that are in significant noncompliance and/or significant violation of applicable pretreatment standards or pretreatment requirements during the previous 12 months.

(Prior code § 3375; Ord. 1740(25), 12/16/2025)

A. Any user found to be in violation of this Chapter shall be so notified by the Director by personal service or by certified mail with a notice that the user shall, within the period of time stated in the notice or within such extension thereof as may be granted by the Director, correct, and cease the violation.

B. The Director may impose administrative penalties (fines) at his or her discretion upon any user found to be in violation of this Chapter. Minimum penalties are specified in the City's Enforcement Response Plan, and shall be collected in accordance with the City's utility billing procedures and special charges.

C. The Director may order any user found in violation of this Chapter to attend an administrative hearing, not less than 15 days after notification, at which time the user shall have an opportunity to respond. The user may be required to explain corrective actions and/or show cause why further enforcement action should not be taken. Upon review of the information submitted by the user, the Director may pursue further enforcement actions at his discretion.

D. Violation of this Chapter or of any EO issued pursuant to this Chapter is hereby declared a public nuisance and shall be corrected as directed by the Director. Violation of this Chapter is a misdemeanor.

(Prior code § 3376; Ord. 1740(25), 12/16/2025)

Any upset, as defined herein, shall constitute an affirmative defense to an enforcement action taken against a user for noncompliance with this Chapter provided that the user can demonstrate to the satisfaction of the Director that:

A. An upset has occurred and the user can identify the cause(s) of the upset;

B. The facility was being operated in a prudent manner in compliance with applicable operations and maintenance procedures at the time of the upset; and

C. The user notifies the Director within 24 hours after the upset, and submits a written report, as specified by the Director, within five days after the upset. In any enforcement proceedings, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(Prior code § 3377; Ord. 1740(25), 12/16/2025)

The City Attorney may commence an action for appropriate legal and/or equitable relief in any court with jurisdiction against any user who violates this Chapter or any EO issued by the Director pursuant to this Chapter, or any permit requirement. The City Attorney 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.

A. Injunction. The City Attorney may commence an action for the issuance of a preliminary or permanent injunction as appropriate to enforce the provisions of this Chapter.

B. Civil Penalties. In accordance with Section 309(d) of the Act, any user who violates this Chapter may also be liable in a sum not to exceed $25,000 per day in which such violation occurs (33 U.S.C. § 1319). The City Attorney 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. In determining the amount of civil liability, the Court shall 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. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

C. Criminal Penalties.

1. The City Attorney may prosecute violations of this Chapter in accordance with the General Penalty provisions of Section 1.24.010 of this Code. Violations shall be subject to fines of up to $1,000 and imprisonment not exceeding six months (reference Government Code Section 36901). Every day any violation continues to exist shall constitute a separate offense.

2. In addition, violations may be subject to prosecution pursuant to 33 U.S.C. § 1319, which specifies criminal penalties, as described below, for violation of the Act:

a. Negligent Violations. Any user who negligently violates applicable pretreatment requirements or negligently discharges to the wastewater system any pollutant or hazardous substance, which the user knew or reasonably should have known could cause personal injury or property damage, shall be subject to fines of not less than $2,500 nor more than $25,000 per day of violation and/or imprisonment for not more than one year.

b. Knowing Violations. Any user who knowingly violates applicable pretreatment requirements or knowingly discharges to the wastewater system any pollutant or hazardous substance, which the user knew or reasonably should have known could cause personal injury or property damage, shall be subject to fines of not less than $5,000 nor more than $50,000 per day of violation and/or imprisonment for not more than three years.

c. Knowing Endangerment. Any person who knowingly violates this Chapter, and who knows at that time he or she thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, by subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both.

d. False Statements. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document or who knowingly tampers with, or renders inaccurate, any monitoring device or method shall be subject to a fine of not more than $10,000 and/or imprisonment for not more than two years.

e. For the purposes of this Subsection, a single operational incident which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

f. For the purposes of this Subsection, the term "person" means, in addition to the definition in Section 13.16.030, any responsible corporate officer.

(Prior code § 3378; Ord. 1740(25), 12/16/2025)