Modesto Municipal Code Art. 7 Enforcement

The City Manager shall ensure enforcement of this chapter by coordinating the actions of the Finance Director, the Public Works Director, and any other City departments concerned with implementing and enforcing the City's Enforcement Response Plan. The Public Works Director is hereby charged with the enforcement of all of the provisions of this chapter.

(Added by Ord. 3137-C.S., § 1, and Ord. 3365-C.S., § 3, effective 12-9-04)

The Director or his/her designee may issue a written notice to any user in noncompliance, by hand delivering or mailing, notice of the violation to the user indicating, possible enforcement actions, and/or actions to be performed by user to comply with provisions of this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

If the Director or their designee has determined that a violation has occurred of an industrial user's wastewater discharge permit or any other violation of this chapter by any user, the user may be required to pay fees to the City as specified from time to time by resolution.

(a) The Environmental Protection Agency (EPA) under 40 CFR 403.8 stipulates that the City shall seek fees for noncompliance with an industrial user's wastewater discharge permit or any other section of this chapter by any user as outlined in the City's current enforcement response plan. In addition, the City may seek cost recovery to compensate the City for additional costs of 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 this chapter.

(b) The noncompliance fees specified shall commence on the date the sampling establishes noncompliance, and shall continue to accumulate for each day continuing noncompliance is verified by sampling.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(Ord. 3649-C.S., § 6, effective 7-14-16)

The City may issue an administrative penalty to any person who violates any requirement adopted or ordered by the City pursuant to this chapter. The administrative complaint shall allege, with particularity, the act or failure to act which constitute the violation, the section of Modesto Municipal Code violated, the civil penalty, and shall be served by personal delivery or certified mail on the person subject to the discharge requirements. In addition, the administrative complaint shall inform the person served of the appeal process. The person served may waive the right to appeal, in which case the City shall not conduct a hearing. Penalties imposed by the local agency pursuant to this chapter shall be assessed in accordance with Government Code Section 54740.5.

When civil penalties imposed pursuant to this chapter have remained delinquent for a period of sixty (60) days from the date assessed, a lien may be placed against the real property from which the discharge originated and which resulted in the imposition of the civil penalty.

The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgement in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

If a user fails to correct causes of noncompliance, or if the level of the violation is substantial, a meeting may be arranged, with representatives of the user and the Director or his/her designee to discuss the reasons for noncompliance and/or possible corrective actions.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) When the City finds any user to be in or threatening violation of any provision of this chapter; the City may require that user to submit for approval, with such modifications as the City deems necessary, a detailed time schedule of specific corrective actions to be taken to comply with this chapter. The user shall abide by and implement the adopted schedule.

(b) The schedule shall contain milestones in the form of dates for the commencement and completion of major events leading to compliance. The user shall submit a progress report to the City no later than fourteen (14) days following the completion of each milestone set forth in the schedule. All compliance schedule progress reports must be signed by an authorized representative of the user.

(c) Compliance schedules may also contain such other and additional requirements as might be reasonable necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the Director may continue to require such additional self-monitoring for at least ninety (90) days after consistent compliance has been achieved, after which time the self monitoring conditions in the discharge permit shall control.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The Director may issue a cease and desist order to any user who shows significant noncompliance or creates situations in which a discharge may pose a threat to the safety of the operation of the publicly owned treatment works or the collection system. The order shall require immediate correction of the situation or may impose additional requirements. The order shall be enforceable in court.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The City, by order of the Director, may physically terminate sewage service to any property as a term of any order of suspension or revocation of a permit. All costs for physical termination shall be paid by the permittee as well as all costs for reinstating service.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The City may, by order of the Director, suspend sewage service or waste hauler discharge service when such suspension is necessary, in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment of the health, safety, and welfare of persons, or to the environment, or may cause interference with the City's sewerage facilities, or may cause the City to violate any State or, federal Law or regulation. An emergency suspension order is final and not appealable.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Notwithstanding any other provision of this chapter, and in addition to and as an alternative to any other procedure prescribed herein, whenever a discharger of wastewater is in violation of or may potentially violate the provisions of this chapter, the discharger's permit conditions, or any Federal Pretreatment Standard or Requirement for dischargers, or fails to submit required reports or refuses to allow the City entry to inspect the premises, the City may petition the Superior Court for the issuance of an injunction to restrain the continued violation or to prevent violations by the discharger and to seek such other or additional remedies and civil penalties as may be authorized by law.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Any user who performs the following actions, or who violates any condition of its permit, or who violates any applicable State and federal regulations, may have its permit revoked:

(a) Knowingly provides a false statement, representation, record, report, or other document to the City;

(b) Refuses to provide records, reports, plans, or other documents required by the City to determine permit terms, conditions, or limitations, discharge compliance, or compliance with this chapter;

(c) Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;

(d) Fails to report significant changes in operations or wastewater constituents and characteristics;

(e) Fails to comply with the terms and conditions of a City cease and desist order or compliance schedule;

(f) Refuses reasonable access to the users premises for the purpose of inspection and monitoring;

(g) Does not make timely payment of all amounts owed to the City for user charges, noncompliance fees, or any other fees;

(h) Discharges a batch dump to the City's sewerage system;

(i) Discharges effluent that causes pass through or interference with the City's collection, treatment, or disposal system;

(j) Fails to submit an oral notice and/or a written report of a spill or bypass occurrence;

(k) Violates any condition or limitation of its discharge permit or any provision of this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

Any user who has violated or continues to violate this chapter, any order or permit hereunder, or any other pretreatment requirement shall be liable to the Director for a maximum civil penalty of twenty-five thousand dollars ($25,000.00) per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(a) The Director may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

(b) In determining the amount of civil liability, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of damage caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(c) Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section for any violation for which liability is recovered under Section 5-6.704.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(a) Any user who wilfully violates or recklessly disregards any provision of this chapter, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one (1) year or both.

(b) Any user who knowingly makes any false statements, representations, or certifications in any application, record, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one (1) year or both.

(c) In the event of a second conviction, the user shall be punished by a fine not to exceed three thousand dollars ($3,000.00) per violation per day or imprisonment for not more than three (3) years or both.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

In the event that a user does not comply with the conditions and wastes are discharged to the POTW or collection system that causes, or threaten to cause, the water quality control plant's waste treatment facilities to malfunction or otherwise result in a violation of waste discharge requirements or limitations imposed by State or federal regulatory agencies (40 CFR 403.8), the user shall be liable for any and/or all of the following:

(a) To pay any and all monetary penalties, charges, fees, and other costs that may be imposed on the City by State or federal regulatory agencies as a result of threatened or actual violation(s) or malfunction(s), including administrative and legal fees;

(b) To pay any and all judgements and associated costs that may be awarded to individuals or entities as a result of threatened or actual violation(s) or malfunction(s);

(c) To pay the total cost of any interim waste treatment measures that the Director may deem necessary to abate threatened or actual violation(s) or malfunction(s), including consulting and administrative fees;

(d) To pay the total cost of providing waste treatment facilities needed to remedy threatened or actual violation(s) or malfunction(s);

(e) To pay the total cost of any damage to the collection system or POTW which results from the users noncompliance with this chapter.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

The Director shall annually publish in a newspaper of general circulation in the Modesto area, a list of the industrial users who significantly violated applicable pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same twelve (12) month period. A significant violation is defined in the enforcement response plan adopted by the City.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)