Lompoc Municipal Code Art. VII Enforcement

Any discharger found to be in violation of any provision of this Chapter shall be served by the Director in person or by registered or certified mail with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Any discharger with knowledge of the notice 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. Any violation of this Section shall be a misdemeanor. Any discharge of wastewater in violation of the provisions of this Chapter is a public nuisance. The remedies provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user.

A. Administrative Fines.

1. When the Director finds that a user has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director may fine such user in accordance with Chapter 1.36 of this Code and the administrative fines provisions of the City's Enforcement Response Plan. Administrative fines for violation of this Chapter shall be in the amounts listed in the City's Enforcement Response Plan. 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.

2. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Director may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

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

(Prior code § 3379; Ord. 1740(25), 12/16/2025)

The Director shall have the power to disconnect any building sewer lateral from a sewer main, sever, or plug any such building sewer lateral within any easement or public street when the premises connected by such building sewer lateral to a sewer main is the point of the discharge made in violation of this Chapter. The premises shall not be reconnected to the wastewater system and discharge shall not be further allowed, until the Director shall have estimated the cost of disconnection and reconnection, and such costs shall have been paid to the City by the discharger. Any difference between the estimated costs and the actual costs of disconnection and reconnection shall be paid or refunded, as the case may be.

(Prior code § 3380; Ord. 1740(25), 12/16/2025)

A. Any person violating any of the provisions of this Chapter, or rules, regulations, or standards promulgated by the Director, shall be liable to the City for all expenses, losses, and damage suffered by the City by reason of such violation.

B. Any person violating provisions of this Chapter or any rules, regulations, or standards of the Director, or who violates any State or Federal regulation or permit relating to the operation of the wastewater system, of which he has knowledge, shall be liable to the City in a sum equal to the amount of any fine or charge made upon the City by the State or Federal government for such a violation plus reasonable attorneys' fees and costs of suit required to collect such an amount.

(Prior code § 3381; Ord. 1740(25), 12/16/2025)