Monterey County Municipal Code Ch. 15.21 Prohibited Discharge of Sewage into Streams

No person shall discharge or permit the discharge of any treated or untreated sewage into any river or stream that flows in, into or through the County of Monterey, regardless of whether such discharge occurs within or outside the County of Monterey, if such stream or river recharges groundwater aquifers that are used as a source of domestic or potable water for residents of Monterey County.

(Ord. 3161, 1986)

A. Any discharge of sewage in violation of this Section is hereby declared to be a public nuisance and a hazard to public health.

B. The County may summarily abate the public nuisance and the County Counsel or the District Attorney upon order of the Board of Supervisors may bring civil suit or other action to enjoin or abate the nuisance.

(Ord. 3161, 1986)

The Monterey County Director of Health and his or her authorized deputies and assistants shall administer and enforce the provisions of this Chapter.

(Ord. 3161, 1986)

Upon a continuation of a nuisance under this Chapter after notice from the County to abate such nuisance, any person who creates or maintains a public nuisance in violation of this Chapter shall be liable for the costs of abatement which shall include, but not be limited to:

1. Costs of investigation;

2. Costs of labor, materials, and equipment;

3. Court costs;

4. Attorneys fees;

5. Costs of monitoring compliance.

(Ord. 3161, 1986)

Upon a continuation of a public nuisance under this Chapter after notice from the County to cease the nuisance, any person who violates this Chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000.00) per day, for as long as such violation continues, to be imposed by a court of competent jurisdiction. In determining the exact amount of civil penalty, the court shall consider the nature, circumstance, extent and gravity of the violation, whether the discharge is susceptible to cleanup or abatement, and, with respect to the violator, the effect on ability to continue in business, the ability to pay, any voluntary cleanup efforts undertaken prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require.

(Ord. 3161, 1986)

This Section and the provisions of Section 15.20.120A2 shall not apply to discharges from any sewage treatment plant that is in operation on or before the effective date of this ordinance, where such treatment plant has on the effective date of this ordinance current authorization from any governmental entity to discharge treated sewage into a designated river, or stream, provided that such discharges are in conformity with such authorization and comply with all applicable water quality standards and waste discharge standards imposed by law.

(Ord. 3161, 1986)

As used in this Chapter, "person" includes an individual, firm, association, partnership, corporation, and public entity.

(Ord. 3161, 1986)