Lompoc Municipal Code Art. V Enforcement

The City may require without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of illegal connections or discharges;

C. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

D. The implementation of source control or treatment BMPs.

(Ord. 1568(10) § 1)

The City is authorized to require immediate abatement of any violation of this Chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the City, the City of Lompoc is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City of Lompoc shall be fully reimbursed by the property owner/violator. Any relief obtained under this Section shall not prevent the City from seeking other and further relief authorized under this Chapter.

(Ord. 1568(10) § 1)

Any discharger found to be violating any provision of this Chapter shall be served by the City 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 City, correct and cease the violation.

Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. Violation of this Chapter may be prosecuted as a misdemeanor. The City may order any discharger found to be violating this Chapter to attend an administrative hearing, not less than 15 days after Notice of Violation (NOV), 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 take place. Upon review of the information submitted by the user, the City may pursue further enforcement actions.

(Ord. 1568(10) § 1)

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 Discharger can identify the causes of the upset;

B. Discharger was acting in a prudent manner in compliance with appropriate Best Management Practices at the time of the upset;

C. The Discharger notified the City Community Development Department within 24 hours after the upset, and submitted a written report, as required by the City, within five days after the upset. In any enforcement proceedings, the Discharger seeking to establish the occurrence of an upset, rather than a negligent or willful act, shall have the burden of proof.

(Ord. 1568(10) § 1)

A. Any person violating any of the provisions of this Chapter, or rules, regulations, or standards promulgated by the City, 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 City, or who violates any State or Federal regulation or permit relating to the operation of the City's municipal stormwater system, of which he or she 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.

(Ord. 1568(10) § 1)

In lieu of enforcement proceedings, penalties, and remedies authorized by this Chapter, the City may impose upon a property owner/violator alternative compensatory actions, such as stormwater clean-up activities, compliance training, etc.

(Ord. 1568(10) § 1)

Any person who violates any provision of this Chapter or any provision of any requirement issued pursuant to this Chapter, may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this Chapter may also include written notice to the violator of such potential liability.

(Ord. 1568(10) § 1)

The City Attorney may commence an action for appropriate legal and/or equitable relief in the Superior Court of Santa Barbara County against any discharger who violates this Chapter or any permit requirement.

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 Clean Water Act, any user who violates this Chapter may also be liable in a sum not to exceed $25,000.00 per day in which such violation occurs (33 USC Section 1319).

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 $1,000.00 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 USC Section 1319, which specifies criminal penalties, as described below, for violation of the Act:

a. Negligent Violations. Any discharger who negligently violates applicable requirements or negligently discharges any pollutant or hazardous substance which they knew or should have known constituted a pollutant, shall be subject to fines of not less than $2,500.00 nor more than $25,000.00 per day of violation and/or imprisonment for not more than one year.

b. Knowing Violations. Any discharger who knowingly violates the requirements of this Chapter or discharges any pollutant or hazardous substance which they knew or should have known constituted a pollutant shall be subject to fines of not less than $5,000.00 nor more than $50,000.00 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 $250,000.00 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 $10,000.00 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.

(Ord. 1568(10) § 1)