Morro Bay Municipal Code Art. X Remedies for Noncompliance

A. Unless otherwise specified in this chapter, any violation of any provision of this chapter or any permit or order issued hereunder shall be punishable pursuant to Sections 1.16.010 and 1.16.020 of this code.

B. A violation of any permit or order issued pursuant to this chapter shall be deemed a violation of this code.

C. Each day, or part thereof, a violation continues shall be regarded as a new and separate offense.

(Ord. No. 642, § 1, 1-26-21)

If the utilities division/department manager finds a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, then the utilities division/department manager may serve upon that user a written notice of violation. Within ten days after the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the utilities division/department manager. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the utilities division/department manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No. 642, § 1, 1-26-21)

The utilities division/department manager may enter into a consent orders, an assurances of compliance, or any other similar document establishing an agreement with any user responsible for noncompliance. Such document shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document and all penalties, fines and other costs to be paid by the user. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 13.12.1030 or 13.12.1035 of this chapter and shall be judicially enforceable.

(Ord. No. 642, § 1, 1-26-21)

The utilities division/department manager may order a user, which has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the utilities division/department manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fifteen days prior to the hearing. Such notice may be served on any authorized representative of the user, as designated pursuant subsection 13.12.460(A) of this chapter. A show cause hearing shall not be a bar against, or prerequisite for, taking any action against the user pursuant to this chapter or any federal, state or local law, rule or regulation.

(Ord. No. 642, § 1, 1-26-21)

If the utilities division/department manager finds a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, then the utilities division/department manager may issue an order to the user responsible for the discharge directing the user comply within a specified time. If the user does not come into compliance within the time provided, then sewer service may be discontinued, unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 642, § 1, 1-26-21)

If the utilities division/department manager finds: (i) a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or (ii) the user's past violations are likely to recur, then the utilities division/department manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 642, § 1, 1-26-21)

Notwithstanding Chapter 1.03 of this code and in addition to the process described therein, the following provisions shall apply to any violation of this chapter:

A. If the utilities division/department manager finds a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, then the utilities division/department manager may fine such user in an amount not to exceed those established in the table below:

Such fines shall be assessed on a per-violation, per-day, or portion thereof, basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day, or portion thereof, during the period of violation.

B. Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. A lien against the user's real property may be sought for unpaid charges, fines, and penalties.

(Ord. No. 642, § 1, 1-26-21)

The utilities division/department manager may immediately suspend a user's discharge, after informal notice to the user, whenever, as reasonably determined by the utilities division/department manager, such suspension is necessary to stop an actual or threatened discharge, or cause an imminent or substantial endangerment to the health or welfare of persons. The utilities division/department manager may also immediately suspend a user's discharge, after notice and opportunity to respond, that, as reasonably determined by the utilities division/department manager, threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the utilities division/department manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The utilities division/department manager may allow the user to recommence its discharge when the user has demonstrated to the reasonable satisfaction of the utilities division/department manager the period of endangerment has passed, unless the termination proceedings in Section 13.12.1050 of this chapter are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit, to the utilities division/department manager, at least five working days prior to the date of any show cause or termination hearing under Section 13.12.1025 or 13.12.1050 of this chapter, a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. No. 642, § 1, 1-26-21)

In addition to the provisions in Section 13.12.550 of this chapter, any user who violates the following conditions is subject to discharge termination:

A. Violation of industrial wastewater discharge permit conditions;

B. Failure to accurately report the wastewater constituents and characteristics of its discharge;

C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

E. Violation of the pretreatment standards set forth in subsection 13.12.130(OO) of this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under [Section] 13.12.1025 of this chapter why the proposed action should not be taken. Exercise of this option by the utilities division/department manager shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 642, § 1, 1-26-21)

If the utilities division/department manager finds a user has violated, or continues to violate, any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, then the utilities division/department manager may petition, through the city's attorney, with the city council's consent and in the name of the city, the Superior Court of the County of San Luis Obispo for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The utilities division/department manager may, with the city council's consent, also seek such other action as is appropriate for legal and equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 642, § 1, 1-26-21)

Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the utilities division/department manager may take other action against any user when the circumstances warrant. Further, the utilities division/department manager is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 642, § 1, 1-26-21)

If any user of the city sewer system fails to meet the requirements set forth in this chapter, then the utilities division/department manager shall have the authority to terminate water service or use alternate actions to protect the sewer system, including the wastewater treatment facilities, employees and surrounding environment from hazardous discharges, upon forty-eight hours' written notice, unless imminent public safety requires more immediate action, as reasonably determined by the utilities division/department manager.

(Ord. No. 642, § 1, 1-26-21)

Any person violating a provision of this chapter or permit issued hereunder shall be liable for all injuries, deaths, real or personal property damage and expenses incurred, including but not limited to, city staff time, including administrative overhead, reasonable attorney's fees and court costs, and fines levied on the city by any regulatory agency arising from any and all actions taken by the city, any other governmental entity or that person related to the correction of such violation.

(Ord. No. 642, § 1, 1-26-21)