Ontario Municipal Code Art. 6 Enforcement

(a) Any user who has violated or continues to violate federal pretreatment standards or requirements, this chapter, an industrial wastewater permit, or any prohibition, limitation, or requirement contained herein, is subject to enforcement actions administratively or judicially by the City, EPA, State of California Regional Water Quality Control Board, or the County of San Bernardino District Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: the Clean Water Act, the Resource Conservation and Recovery Act, the California Porter-Cologne Water Quality Act, and the California Hazardous Waste Control Law.

(b) The Council finds that in order for the City to comply with such laws, and regulations, and to ensure that the City's facilities and the POTW are protected and are able to operate with the highest degree of efficiency, and to protect public health and the environment, specific enforcement provisions must be adopted to govern the discharges of wastewater into the sewerage system.

(c) The City and IEUA, at its discretion, may utilize any one, combination or all enforcement remedies provided in Article 6 in response to any permit or violation of this chapter.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 22, Ord. 2816, eff. December 1, 2005)

(a) Sampling procedures.

(1) Sampling of all permittees shall be conducted in the time, place, manner, and frequency determined at the discretion of the City.

(2) Non-compliance with mass emission rate limits, concentration limits, permit discharge conditions, or any discharge provision of this chapter may be determined by an analysis of a grab or composite sample of the effluent of a user. Non- compliance with mass emission rate limits shall be determined by an analysis of a composite sample of the user's effluent. A grab sample may be used to determine compliance with mass emission rate limits when the discharge is from a closed (batch) treatment system in which there is: no wastewater flow into the system when the discharge is occurring, the volume of wastewater contained in the batch system is known, the time interval of discharge is known, and the grab sample is homogeneous and representative of the discharge.

(3) Any sample taken from a sample point is considered to be representative of the discharge to the sewerage system.

(b) Permit, agreements, and administrative orders provisions.

(1) Non-compliance with a permit condition, Compliance Agreement, or Cease and Desist Order compliance deadline shall be determined by whether the user or permittee has submitted the required information, or completed the required action (such as installing and operating a pretreatment system that is discharging effluent and meeting the permitted discharge limits) by the date and/or time specified.

(2) The user or permittee may request in writing by certified mail, an extension to a deadline to meet a compliance deadline. At a minimum, the request shall specify the reasons for not meeting the deadline, what actions are now being taken to accomplish the requirement, and the new date by which the user will complete the requirement.

(3) It the discretion of the Administrator, the request may be granted and the user notified in writing of the new compliance deadline. If the Administrator does not provide notification by the original compliance date in the permit, Compliance Agreement, or Cease and Desist Order, then the original date shall stand as the compliance date.

(c) Fees, surcharges, or penalties. A user shall be in non-compliance with the chapter and their permit, if connection fees, sewer surcharge fees, penalties, non-compliance fees, administrative fees, bond guaranty or other monies owed to the City for sewer services are not paid within the time specified on the bill or in the permit, Compliance Agreement, or other enforcement agreement.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 22, Ord. 2816, eff. December 1, 2005)

(a) Non-compliance with discharge requirements of this chapter or the user's industrial wastewater permit [may] be determined by an analysis or a grab or composite sample of the user's discharge to the sewerage system. Sampling of a user's wastewater shall be conducted in the time, manner, and frequency determined at the discretion of the Administrator.

(b) A user is in violation of a separate offense for every day during which any violation of any provision of this chapter is committed, continued, or permitted by the user.

(c) Such user may be subject to administrative and/or legal actions, and shall pay to the City non-compliance fees as established by this section, to recover all costs incurred by the City and IEUA in performing inspections, sampling, and analysis of the user's wastewater, processing Notices of Violation, and conducting enforcement actions. For a discharge violation, non-compliance fees shall continue to accumulate for each day sampled.

(1) The user shall pay a minimum of One Hundred Dollars ($100.00) for the first confirmed occurrence of a violation within one (1) year.

(2) The user shall pay a minimum of Two Hundred Dollars ($200.00) for the second occurrence of the same violation within one (1) year.

(3) After the second occurrence of the same violation within one (1) year, the user shall pay a minimum of Five Hundred Dollars ($500.00) for each additional occurrence of such violation.

(4) The user shall pay a minimum of One Thousand Dollars ($1,000) for any violation or a Show Cause Order, Compliance Agreement, or a Cease and Desist Order.

(d) Any user shall be assessed a mandatory minimum penalty of Three Thousand Dollars ($3,000) pursuant to Cal. Water Code § 13362 for each violation if any of the following applies:

(1) There is a serious violation within any six (6) month period;

(2) A user commits two (2) or more serious violations in any six (6) month period; or

(3) A user does any of the following four (4) or more times in any six (6) month period:

(i) Exceeds a waste discharge effluent limitation;

(ii) Fails to file a report pursuant to Cal. Water Code § 13260;

(iii) Files an incomplete report pursuant to Cal. Water Code § 13260; or

(iv) Exceeds a toxicity discharge limitation where the waste discharge requirements do not contain pollutant-specific effluent limitations for toxic pollutants.

(e) The user shall pay a minimum of Fifty Dollars ($50.00) per calendar day for non-compliance with the submittal date for a compliance schedule, progress report, or any monitoring or technical report as established in this chapter, the user's industrial wastewater permit, or in a written request by the Administrator. The Administrator shall allow a reasonable amount of time for the user to submit any required monitoring or technical reports.

(f) The payment of non-compliance fees shall not limit the City, IEUA or any other regulatory agency, from undertaking any administrative and/or legal action.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 22, Ord. 2816, eff. December 1, 2005)

(a) Whenever the Administrator finds that a user has violated Federal Categorical Pretreatment Standards or pretreatment requirements of this chapter, an industrial wastewater permit, an order issued hereunder, or any prohibition, limitation, or requirement contained herein, the Administrator shall serve upon said user a verbal or written notice, depending on the severity of the infraction, stating the nature of the violation and the penalties for continued non-compliance.

(b) Whenever the user receives a notice of violation, such user shall submit to the Administrator, within ten (10) days from the date of the notice, a written explanation of the cause of the violation and the corrective actions which have been taken to prevent recurrence of such violation. In the case of a violation of a discharge limit, the user shall repeat the sampling weekly, test for each constituent in violation, and submit the test results to the Administrator within thirty (30) days from the date of the notice until such time that the discharge shows compliance with the discharge limit.

(c) If the user fails to correct a violation within forty-five (45) days from the date of the notice, requires additional time to correct all conditions to bring the discharge violation into compliance, or a discharge violation has occurred more than once within a one (1) year period, the user shall submit a compliance schedule within sixty (60) days of the initial violation.

(d) Unless otherwise provided herein or in expressly permitted in the ERP, any notice under this chapter shall be in writing and served on the user or by certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service. Any time limit provided in any written notice or in any provision of this chapter shall be extended only by a written direction of the Administrator.

(e) The Administrator or the Inland Empire Utilities Agency (IEUA) shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the IEUA, a list of the users which at any time during the previous twelve (12) months, were in significant non-compliance with applicable pretreatment standards and pretreatment requirements. The term significant non-compliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (3),( 4), or (8) of § 6-7.106(mmmm) as defined in § 6-7.106(mmmm).

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190, eff. October 7, 2021)

(a) The Administrator may issue a Show Cause Order requiring the user who causes or contributes to a violation of this chapter, or any order, agreement, or permit issued hereunder, to appear at the City's offices at the date and time specified in the Order to Show Cause to the Administrator as to why more severe enforcement actions and/or criminal and/or civil actions should not be taken.

(b) The order shall be served on the user and shall specify the proposed enforcement action, the reasons for such action, and a request that the user show cause why this 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 10 (ten) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.

(§ 3, Ord. 2755, eff. April 4, 2002)

(a) Upon finding that a user will need to install pretreatment equipment to bring the discharge into compliance with this section or industrial discharge permit limits, need additional Operation and Maintenance personnel and/or procedures to meet a categorical standard, or need to construct facilities to meet the City's pretreatment requirements or to correct a recurring violation of any local discharge limitation, the Administrator may require that a Compliance Schedule, agreed upon in advance by the user and the City, be issued to the user.

(b) The Compliance Agreement may contain terms and conditions including, but not limited to, installation of pretreatment equipment and facilities, submittal of drawings, technical reports and/or progress reports, payment of fees, posting of a performance bond, limits on the rate and time of discharge, additional self-monitoring requirements, a compliance schedule, or other provisions to ensure compliance with this chapter. The schedule shall contain milestones of progress in the form of dates for the commencement and completion of major events leading to design, construction, and operation of the pretreatment facility of similar structure. Each increment in the Compliance Schedule is subject to review and approval by the Administrator. No Compliance Schedule increment shall exceed nine (9) months.

(c) The user shall submit a progress report to the Administrator following each milestone in the schedule. Each report shall be submitted no later than fourteen (14) days following each milestone in the Compliance Schedule. The report shall include whether or not the user achieved the milestones on their date and, if not, the date on which the user expects to complete the milestone, the reason for delay, and the steps taken by the user to meet the established schedule.

(d) The Administrator may extend the Compliance Schedule for an additional period of time, provided that the user shows good cause, including, but not limited to, reasonable progress under the terms of the Compliance Schedule. A Compliance Schedule shall not extend beyond any applicable Federal deadlines.

(§ 3, Ord. 2755, eff. April 4, 2002)

(a) A Cease and Desist Order shall direct a user to cease and desist all discharge violations, to comply immediately with all discharge requirements and to take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened discharge violation, including halting operations and/or terminating the discharge.

(b) The user shall pay a minimum of One Thousand Dollars ($1,000) for any violation of a Cease and Desist Order.

(§ 3, Ord. 2755, eff. April 4, 2002)

The Administrator may issue a permit suspension or revocation order, whereby the user must comply with all directives, conditions and requirements therein within the time prescribed. The suspension or revocation order shall contain terms and conditions to ensure compliance with this chapter. The Administrator will determine if suspension or revocation is the appropriate response depending on the severity of the violation.

(a) Grounds. The Administrator may revoke an industrial wastewater permit when it is determined that a user:

(1) Fails to comply with the terms and conditions of an industrial wastewater permit, any provision of this chapter, an administrative order, or a compliance agreement;

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

(3) Falsifies, tampers with, or knowingly renders inaccurate any monitoring and/or sampling device;

(4) Fails to report changes in ownership and operations which result in significant changes in quantity or quality of the user's wastewater;

(5) Fails to submit oral notice or a written report of bypass occurrence;

(6) Discharges wastewater that causes an upset, interference, or a pass through at the POTW or with the City's collection system;

(7) Discharges to the sewerage system in violation of a cease and desist order;

(8) Refuses reasonable access to the user's premises for the purpose of inspection and monitoring;

(9) Does not make timely payment of all amounts owed to the City for user charges, non- compliance fees, or any other fees;

(10) Discharges a slug load to the sewerage system; or

(11) Refuses to provide records, drawings, reports, or other documents required by the City to determine permit terms and conditions, or limits, discharge compliance, or compliance with this chapter.

(b) Notice of hearing. When the Administrator has reason to believe that grounds exist for permit revocation, he or she shall give written notice thereof by personal delivery or by certified mail to the user setting forth a statement of the facts and grounds deemed to exist, together with the time and place where the charges shall be heard by the Administrator. The hearing date shall not be less than fifteen (15) calendar days or more than forty-five (45) calendar days after mailing of such notice.

(1) At the revocation hearing, the user shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The revocation hearing shall be conducted in accordance with procedures established by the Department of Public Works (DPW) and approved by the City Council.

(2) After the conclusion of the hearing, the Administrator shall make his or her determination and submit a written report to the DPW setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the Administrator shall make his or her determination and should he or she find that grounds exist for permanent revocation of the permit, he or she shall issue his or her decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by his or her designee. The written decision and order of the Administrator shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address.

(3) In the event the Administrator determines to not revoke the permit, he or she may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he or she deems appropriate.

(c) Effect.

(1) Upon an order of revocation by the Administrator becoming final, the user shall have no right to discharge any non-domestic wastewater or sanitary wastes (whichever applies) directly or indirectly to the City sewerage system for the duration of the revocation. All costs for physically terminating and reinstating service shall be paid by the user.

(2) Any owner or responsible management employee of the user shall be bound by the order of revocation. An order of permit revocation issued by the Administrator shall be deemed final in all respects upon delivery to the applicant or user unless a request for hearing is filed with the City Council pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code.

(3) Any future application for a permit at any location within the City by any user subject to an order of revocation will be considered by the Administrator after fully reviewing the records of the revoked permit. Such records may be the basis for denial of a new permit.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)

Whenever a user has engaged in, is engaged in, or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the user's industrial wastewater permit, or any pretreatment regulation, the City or IEUA may petition the Superior Court for the issuance of a preliminary or permanent injunction, restraining order, or other appropriate order may be granted upon a showing that the user(s) engaged in, is engaged in, or is about to engage in the challenged acts or practices.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 23, Ord. 2816, eff. December 1, 2005)

(a) Authority. All users of the City of Ontario sewerage system are subject to enforcement actions administratively or judicially by the City of Ontario, IEUA, U.S. EPA, the State of California Regional Water Quality Control Board, or the City Attorney. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to:

(1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C. 1251 et seq.); California Porter-Cologne Water Quality Act (Cal. Water Code §§ 13000 et seq.);

(2) California Hazardous Waste Control Law (Cal. Health & Safety Code §§ 25100 to 25250); and

(3) Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.).

(b) Recovery of fines or penalties. In the event the City of Ontario is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits or IEUA's permits, and said violation can be established by the City as caused by or contributed to by the discharge of any user of the City sewerage system which is in violation of any provision of this chapter or the user's permit, the City shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines, penalties, and damages to which it has been subjected.

(c) Penalties for violations.

(1) Administrative complaints and penalties. In addition to any other remedy or proceeding available under this chapter, or any other law, pursuant to Cal. Gov't Code §§ 54739 and 54740.5, the Administrator may issue an administrative complaint to any user who violates this chapter, any permit condition, prohibition or effluent limitation, or any suspension or revocation order. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty, and the authority under which it is imposed.

(2) The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the user served that a hearing before the Administrator shall be conducted within sixty (60) days of the service of the complaint. The right to a hearing may be waived by the user who issued the administrative complaint.

(3) After the conclusion of the hearing, the Administrator shall make his or her determination and shall issue his decision and order within thirty (30) calendar days of the hearing. The written decision and order of the Administrator shall be sent by personal delivery or by certified mail to the user.

(4) The order of the Administrator shall be final in all aspects fourteen (14) days after it is mailed to the user unless a request for hearing is filed with the City Council pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code. If after the hearing it is found that the user violated reporting or discharge requirements, the Administrator may assess a civil penalty. Unless appealed, an order imposing administrative civil penalties shall become effective upon issuance, and payment shall become due within thirty (30) days of issuance of an invoice by the City of Ontario.

(5) Civil penalties may be assessed as follows:

(i) In an amount which shall not exceed Two Thousand Dollars ($2,000) for each day for failing or refusing to furnish technical or monitoring reports;

(ii) In an amount which shall not exceed Three Thousand Dollars ($3,000) for each day for failing or refusing to timely comply with any compliance schedule established by the City;

(iii) In an amount which shall not exceed Five Thousand Dollars ($5,000) per violation for each day of discharge in violation of any discharge limitation, permit condition, or requirement issued, reissued or adopted by the City;

(vi) In an amount which shall not exceed Ten Dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued or adopted by the City. In determining the amount of the penalty, the City shall take into consideration all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the economic benefit derived by non- compliance, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any, taken by the user. Each day, or any portion thereof, during which a violation occurs or continues is a separate violation for which the maximum daily penalty may be assessed.

(6) Copies of the administrative order setting civil penalties shall be sent to the user either by personal delivery or by certified mail.

(7) Any user aggrieved by a final order issued by the City Council pursuant to this section, may obtain a review of the order in the Superior Court by filing a petition for writ of mandate within thirty (30) days following the service of a copy of such order.

(8) Unless appealed, payment on any administrative order setting civil penalties shall be made within thirty (30) days of the date the order becomes final.

(9) All monies collected under this section shall be deposited in a special account of the City, and shall be made available for monitoring and control of discharges into the public sewer and for other enforcement and mitigation measures.

(10) Any fines or charges imposed on the City by a regulatory agency as a result of a user's violation of any provisions of this chapter shall be an additional sewer charge to that user.

(§ 3, Ord. 2755, eff. April 4, 2002)

Any user who willfully violates any provision of this chapter, administrative order, or industrial wastewater permit condition, is guilty of a misdemeanor, which upon conviction is punishable by a fine of not less than One Thousand Dollars ($1,000) or by imprisonment in the County Jail for not more than six (6) months or by both. Each day a violation occurs shall constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.

(§ 3, Ord. 2755, eff. April 4, 2002)

S ec . 6-7.612. Appeal.

(a) Pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code, any user, affected by any decision, action or determination made by Administrator, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned.

(b) The order of the City Council shall be deemed final upon its adoption.

(c) If the user fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator's administrative decision shall be deemed final.

(§ 3, Ord. 2755, eff. April 4, 2002)

The Administrator shall have full power and authority to take any necessary precautions including, but not limited to; decontamination, sewer closure, packaging, diking, and transportation of materials, in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public's health, safety or welfare; or which either individually or by interaction with other discharges, is an imminent hazard to the City's sewerage facilities; or which places the regional treatment plant in violation of its NPDES permit. In the pursuit of such an operation, City personnel, any party contracting with the City, or duly authorized representative of another government agency shall have immediate access to the premises. The Administrator may prohibit approach to the scene of such emergency by any user, vehicle, vessel or thing, and all users not actually employed in the extinguishing of the condition or the preservation of lives and property in the vicinity thereof.

The Administrator or an authorized designee may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of the community, the operation of the POTW, causes or contributes to a violation of IEUA's NPDES permit, or which presents, or may present, an endangerment to the environment. Failure to comply with the emergency suspension order may lead to termination of service.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)

The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of the City, and no remedy under this chapter shall preclude the City from obtaining additional relief based upon the same facts.

(§ 3, Ord. 2755, eff. April 4, 2002)

The City, by order of the Administrator, may physically terminate sewerage service to any property as follows:

(a) Upon any order of emergency suspension or revocation of a permit; or

(b) Upon the failure of a user not holding a valid discharge permit to immediately cease discharge, whether direct or indirect, to the City’s sewerage facilities.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 6, Ord. 2945, eff. January 6, 2012)

Discharge of wastewater in any manner in violation of this chapter or of any order issued by the Administrator, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the Administrator. Any user creating a public nuisance is guilty of a misdemeanor.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 7, Ord. 2945, eff. January 6, 2012)

In the event permittee fails to comply with any of the terms and conditions of the this chapter, a Compliance Agreement, a permit revocation, or a permit issued hereunder, the City and IEUA shall be entitled to reasonable attorney's fees and costs which may be incurred in order to enforce any of said terms and conditions, with or without filing proceedings in court.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 24, Ord. 2816, eff. December 1, 2005)

Any user who, by discharging wastewater, non-stormwater or by any other means, damages monitoring equipment, adversely affects wastewater treatment processes, significantly increases POTW operation costs, causes blockage, damage, upset, interference, or pass through at the POTW, or causes blockage shall be liable to the City for said damages and additional costs, including any fines or penalties, occasioned thereby. An administrative fee, which shall be fixed by the City Manager based on the City's current overhead cost allocation percentage and approved by the City Council, shall be added to these charges and shall be payable within thirty (30) days of invoicing by the City.

(§ 3, Ord. 2755, eff. April 4, 2002)

(a) Compliance deposit. Permittees that have been subject to enforcement and/or collection proceedings may be required to deposit with the City an amount determined by the Administrator as necessary to guarantee payment to the District of all charges, fees, penalties, costs and expenses that may be incurred in the future, or as a condition to ensure compliance provisions of a Compliance Agreement, permit issuance after revocation, before permission is granted for further discharge to the sewer.

(b) Delinquent accounts. The City may require an amendment to the permit of any permittee who fails to make payment in full of all fees and charges assessed by the City, including reconciliation amounts, delinquency penalties, and other costs or fees incurred by the user.

(c) Bankruptcy. Every user filing any legal action in any court of competent jurisdiction, including the United States Bankruptcy Court, for purposes of discharging its financial debts or obligations or seeking court-ordered protection from its creditors, shall, within ten (10) days of filing such action, apply for and obtain the issuance of an amendment to its permit.

(d) Permit amendments. The City shall review and examine the user's account to determine whether previously incurred fees and charges have been paid in accordance with time requirements prescribed by this chapter. The City and IEUA may thereafter issue an amendment to the user's permit in accordance with the provisions of Article 3 and subsection (e) of this section.

(e) Security. An amendment to a waste discharge permit issued pursuant to subsections (c) and (d) of this section may be conditioned upon the user depositing financial security in an amount equal to said user's average total fees and charges for the two (2) prior calendar quarters. Said deposit shall be used to guarantee payment of all fees and charges incurred for future services and facilities furnished by City and shall not be used by the City to recover outstanding fees and charges incurred prior to the user filing and receiving protection from creditors in the United States Bankruptcy Court.

(f) Return of security. In the event the user makes payment in full within the time prescribed by this chapter of all fees and charges said user incurred over a period of two (2) years following the issuance of an amendment to the permit pursuant to subsections (c), (d) and (e) of this section, the City shall either return the security deposit posted by the user or credit their account.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 25, Ord. 2816, eff. December 1, 2005)

(a) General. Any user, permit applicant or permittee affected by any decision, action or determination made by the Administrator may file with the Administrator a written request for an appeal hearing. The request must be received by the City within fifteen (15) days of mailing of notice of the decision, action, or determination of the City to the appellant. The request for hearing shall set forth in detail all facts supporting the appellant’s request.

(b) Notice. The Administrator shall, within fifteen (15) days of receiving the request for appeal, designate a representative to hear the appeal and provide written notice to the appellant of the hearing date, time and place. The hearing date shall not be more than thirty (30) days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant. If the hearing is not held within said time due to actions or in actions of the appellant, then the staff decision shall be deemed final.

(c) Hearing. At the hearing, the appellant shall have the opportunity to present information supporting its position concerning the Administrator’s decision, action or determination. The hearing shall be conducted in accordance with procedures established by the Administrator and approved by the City Counsel.

(d) Written determination. After the conclusion of the hearing, the representative shall submit a written report to the Administrator setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and recommendations whether to uphold, modify or reverse the Administrator’s original decision, action or determination. Upon receipt of the written report, the Administrator shall make his or her determination and shall issue his or her decision and order within thirty (30) calendar days of the hearing by his or her designee. The written decision and order of the Administrator shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant’s business address.

(e) The order of the Administrator shall be final in all respects on the sixteenth (16th) day after it is mailed to the appellant unless a request for hearing is filed with the City pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code, no later than 5:00 p.m. on the fifteenth (15th) day following such mailing.

(f) Pursuant to § 1-4.01 of Chapter 4 of Title 1 of the Ontario Municipal Code, any user, affected by any decision, action or determination made by Administrator, may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal, setting forth grounds thereof. The appellant shall file such notice within fourteen (14) days after receipt of the notice of the administrative decision concerned.

(g) The order of the City Council shall be deemed final upon its adoption.

(h) If the user fails to appeal to the City Council, or the City Council fails to reverse or modify the administrative decision, the Administrator’s administrative decision shall be deemed final.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 8, Ord. 2945, eff. January 6, 2012)

(a) Purpose and effect. Pursuant to Cal. Code of Civil Procedure § 1094.6, the City hereby enacts this part to limit to ninety (90) days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.

(b) Definitions. As used in this section, the following terms and words shall have the following meanings:

(1) “Complete record” shall mean and include the transcript, if any existing, of the proceedings, all pleadings, all notices and orders, any proposed decision by the Administrator, the final decision, all admitted exhibits, all rejected exhibits in the possession of the City or its offices or agents, all written evidence, and any other papers in the case.

(2) “Decision” shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license.

(3) “Party” shall mean a user whose permit has been denied, suspended, or revoked.

(c) Time limit for judicial review. Judicial review of any decision of the City or its officer or agent may be made pursuant to Cal. Code of Civil Procedure § 1094.5 only if the petition for writ or mandate is filed not later than the ninetieth (90th) day following the date in which the decision becomes final. If there is not provision for reconsideration in the procedures governing the proceedings or if the date is not otherwise specified, the decision if final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision to decision is final for the purposes of this section on the date that reconsideration is rejected.

(d) Preparation of the record. The complete record of the proceedings shall be prepared by the City officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after he or she has filed written request therefor. The City may recover from the petitioner its actual cost for transcribing or otherwise preparing the record.

(e) Extension. If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition, pursuant to Cal. Code of Civil Procedure § 1094.5, may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either usually delivered or mailed to the petitioner or the petitioner’s attorney of record, if appropriate.

(f) Notice. In making a final decision, the City shall provide notice to the party that the time within which judicial review must be sought is governed by Cal. Code of Civil Procedure § 1094.6.

(g) Administrative civil penalties. Notwithstanding the foregoing, and pursuant to Cal. Gov’t Code § 54740.6, judicial review of an order of the Steering Committee imposing administrative civil penalties may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the Steering Committee becomes final.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 9, Ord. 2945, eff. January 6, 2012)

A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in § 6-7.201(a) and the specific prohibitions listed in § 6-7.201(b) where the user can demonstrate that:

(a) It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and

(b) Either of the following depending on the purpose of the local limit;

(1) A local limit designed to prevent pass through and/or interference, as the case may be, was developed in accordance with § 6-7.201(c) for each pollutant in the user's discharge that caused pass through or interference, and the user was in compliance with each such local limit directly prior to and during the pass through or interference; or

(2) If a local limit designed to prevent pass through and/or interference, as the case may be, has not been developed in accordance with § 6-7.201(c) for the pollutant(s) that caused the pass through or interference, the user's discharge directly prior to and during the pass through or interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES permit requirements and, in the case of interference, applicable requirements for sewage sludge use or disposal.

(§ 3, Ord. 2755, eff. April 4, 2002, as amended by § 2, Ord. 3190 , eff. October 7, 2021)