Merced Municipal Code Art. V Enforcement

A. The city may suspend the wastewater service or revoke a FOG WDP when such suspension or revocation is necessary, in the opinion of the city engineer, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or which causes obstruction to the collection system or the POTW, or has the reasonable potential to cause the city to violate any condition in its permits.

B. Any person notified of a suspension of the wastewater treatment service and/or revocation of a FOG WDP shall immediately stop or eliminate all discharges to the public sewer. In the event of a failure of the person to comply voluntarily with the suspension order, the city engineer shall take such steps as he or she deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the collection system or the POTW. The city engineer shall reinstate the FOG WDP and/or the wastewater treatment service only upon proof of the elimination of the nonconforming discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the city engineer within fifteen (15) days of the date of occurrence.

(Ord. No. 2402, § 6, 12-17-2012)

A. Sampling and Inspection Procedures.

1. Sampling and inspection of FSEs shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the city engineer.

2. Noncompliance with FOG WDP discharge conditions, or any discharge provisions in this chapter may be determined by an inspection of the grease control device and associated manifest and documentation, or analysis of a grab or composite sample of the wastewater of an FSE.

3. Any sample taken from a sample point, as determined representative by the city engineer, is considered representative of the discharge to the public sewer.

B. Notice of Violation. Any permittee found to be in violation of the FOG WDP terms and conditions may be issued a warning notice in which there will be a specified time period to correct the violation. If the violation is not corrected within the specified time period the permittee may be issued a notice of violation, with a specified time period to correct the violation. If the violation is not corrected within the time period specified the permittee shall be considered in noncompliance.

C. Noncompliance Fee. Any permittee determined to be in noncompliance with the terms and conditions specified in its FOG WDP or with any provision of this chapter may be required to pay a noncompliance fee. The purpose of the noncompliance fee is to compensate the city for costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the noncompliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Section 15.30.320. Noncompliance fees shall be in the amount determined by the city engineer. If the permittee remains compliant for twelve (12) consecutive months following the notice of noncompliance, the fee may be waived at the discretion of the city engineer.

(Ord. No. 2402, § 6, 12-17-2012)

A. Upon determination that a permittee is in noncompliance with the terms and conditions specified in its FOG WDP or any provision of this chapter, or needs to construct and/or acquire and install a grease control device, the city engineer may require the permittee to enter into a compliance schedule on terms and conditions specified by the city engineer.

B. The compliance schedule may contain terms and conditions including, but not limited to, requirements for installation of a grease control device and facilities, submittal of drawings or reports, audit of waste hauling records, implementation of BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with this chapter.

C. If a permittee fails to comply with the terms and conditions of a compliance schedule by the deadlines set forth therein, the city engineer may issue an order suspending or revoking the FOG WDP pursuant to Section 15.30.310 of this chapter.

(Ord. No. 2402, § 6, 12-17-2012)

A. The city may suspend and/or revoke any FOG WDP when the city engineer determines that a permittee:

1. Fails to comply with the terms and conditions of a compliance schedule order.

2. Knowingly provides a false statement, representation, record, report, or other document to the city and/or the city engineer.

3. Refuses to provide records, reports, plans, or other documents required by the city and/or the city engineer to determine FOG WDP terms or conditions, discharge compliance or compliance with this chapter.

4. Falsifies, tampers with or knowingly renders inaccurate any monitoring device or sample collection method.

5. Refuses reasonable access to the FSE for the purpose of inspection and monitoring.

6. Fails to make timely payment of all amounts owed to the city for user charges, FOG WDP fees or any other fees imposed pursuant to this chapter.

7. Causes obstruction, sewer blockages or SSOs in the public sewer.

8. Violates grease control device maintenance requirements, any condition or limit of its FOG WDP or any provision of this chapter.

9. Fails to report significant changes in operations or wastewater constituents and characteristics.

(Ord. No. 2402, § 6, 12-17-2012)

A. Any person violating this chapter, or the orders, rules, regulations and permits issued under this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Chapter 1.12 of this Code.

B. Any user or permittee in violation of this chapter, or the orders, rules, regulations and permits issued under this chapter, may be ordered by the city engineer to cease and desist operations until the violation is cured. Any user or permittee continuing operations after notice to cease and desist has been furnished shall be shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Chapter 1.12 of this Code. Each day in which any such violation shall continue shall be deemed a separate offense.

C. The violation of any of the provisions of this chapter, or the orders, rules, regulations and permits issued under this chapter, or the doing of any act prohibited or the failure or omission to do any act required by this chapter, or the orders, rules, and regulations and permits issued under this chapter, is a public nuisance and may be enjoined by the city attorney.

D. If any violation of this chapter, or the orders, rules, regulations and permits issued under this chapter, causes damage to the POTW, the city engineer may seek to recover civil damages from the user causing such damage.

E. The city engineer is authorized to levy against any person administrative fines of up to ten thousand dollars ($10,000.00) per day in accordance with Government Code Section 54740.5, or its successor or statute, for any violation of this chapter, any term or condition of a FOG WDP, or any order issued pursuant to this chapter. The administrative complaint shall allege the act or failure to act that constitutes the violation, the provisions of law authorizing civil liability to be imposed, and the proposed penalty amount. The administrative complaint shall be served by personal delivery or certified mail and shall inform the user that a hearing will be conducted by the impartial hearing officer within sixty (60) days of service unless the right to a hearing is waived.

1. If the hearing officer finds that the user has violated any provision of this chapter or any term or condition of a FOG WDP or any order issued pursuant to this chapter, or any other pretreatment standard or requirement, the hearing officer may assess a civil penalty against the industrial user taking into consideration all relevant circumstances. The decision of the hearing officer shall be served on the user by personal service or registered mail.

2. The user has the right to appeal the decision of the impartial hearing officer to the city council. The appeal shall be submitted to the city clerk within thirty (30) days of notice of the decision of the impartial hearing officer and shall be accompanied by a nonrefundable fee of seventy-five dollars ($75.00).

3. Any administrative civil penalty imposed pursuant to this chapter shall be paid in full within thirty (30) days of the date the imposition is final. Payment shall be made either in cash or by certified check made payable to the city.

F. The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law."

(Ord. No. 2402, § 6, 12-17-2012)