Chapter 15.68 — ENFORCEMENT

The city may suspend the wastewater treatment service and/or a wastewater discharge permit when such

suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which

presents or may present, alone or in contribution with other discharges, an imminent or substantial

endangerment to the health or welfare of persons, to the environment, causes interference, or causes the city to

violate any condition of its NPDES permit, or the general water reuse permit, sludge disposal regulations or air

quality standards. The city may deny or condition new or increased contributions of pollutants, or changes in the

nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable

pretreatment standards and requirements or where such contributions would cause the POTW to violate its

NPDES permit in accordance with 40 CFR 403.8(f)(1)(i), or the general water reuse permit, sludge disposal

regulations or air quality standards.

Any person notiWed of a suspension of the wastewater treatment service and/or the wastewater discharge permit

shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily

with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of

the sewer connection, to prevent or minimize the threat of interference or damage to the community sewers or

POTW or the endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the

wastewater treatment service upon proof of the elimination of the noncompliant discharge. A detailed written

statement submitted by the user describing the causes of the harmful contribution and the measures taken to

prevent any future occurrence shall be submitted to the city within Wve days of the date of occurrence. (Ord. 2282

NCS §3, 2007.)

A. Issuance of Cease and Desist. When the city Wnds that a discharge of wastewater has taken place or is likely to

take place in violation of these regulations, or the provisions of a wastewater discharge permit, the city may issue

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an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct

those persons not complying with such prohibitions, limits, requirements, or provisions to:

 1.  Comply forthwith.

 2.  Comply in accordance with a time schedule set forth by the city; or

 3.   Take appropriate remedial or preventive action.

B. Seek Injunctive Relief. Whenever a user has violated or continues to violate the provisions of this part or permit

or order issued hereunder, the city through counsel may petition the court for the issuance of a preliminary or

permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the

industrial user.

C. Consent Order. The city is hereby empowered to enter into consent orders, assurances of voluntary

compliance, or other similar documents establishing an agreement with the user responsible for the

noncompliance. Such orders will include speciWc action to be taken by the user to correct the noncompliance

within a time period also speciWed by the order. Consent orders shall have the same force and e[ect as

administrative orders issued pursuant to subsection (D) of this section, Compliance Order.

D. Compliance Order. When the city Wnds that a discharge of wastewater is taking place, has been taking place or

threatens to take place, in violation of prohibitions or limitations prescribed in this part, eZuent limitations or

pretreatment standards, or the provisions of a wastewater discharge permit, the city may, at the city’s discretion,

issue a compliance order requiring the user to submit for approval, with such modiWcation as the city deems

necessary, a detailed time schedule of speciWc actions which the user shall take in order to prevent or correct a

violation of these regulations, or of any permit issued pursuant to these regulations, and to take such action in

accordance with such schedule.

Nothing provided in this section shall limit or prohibit the city from pursuing any other remedy, legal or equitable,

otherwise available to the city, or from seeking sanctions in any administrative, criminal or civil action related to

such discharge or potential discharge.

E. Administrative Fines/Civil Penalties.

 1.  When the city Wnds that a user has violated, or continues to violate, any provision of Chapters 15.44

through 15.76, a sewer use permit or order issued hereunder, or any other pretreatment standard or

requirement, the city may proceed with issuing a civil administrative complaint setting forth the violations and

the administrative penalty to be imposed, which shall be in an amount not less than that set forth in the

enforcement response plan. The city shall proceed in a manner consistent with the procedures set forth in

Government Code Section 54740.5.

 2.  The administrative complaint shall be served by personal delivery or certiWed mail upon the user and

 shall inform the user that a hearing shall be conducted within sixty days unless waived by user or an

 alternative date is set by stipulation. If after a hearing a person is dissatisWed with the decision of the hearing

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oYcer they may appeal to the city council by Wling a written request for an appeal within thirty days of the

 notice of the hearing oYcer’s decision.

 3.    Civil penalties may be imposed by the city pursuant to this administrative complaint process as follows:

       a.   In an amount which shall not exceed two thousand dollars (two thousand dollars for each day for

       failing or refusing to furnish technical or monitoring reports).

      b.   In an amount which shall not exceed three thousand dollars (three thousand dollars for each day

      for failing or refusing to timely comply with any compliance schedule established by the city.

        c.   In an amount which shall not exceed Wve thousand dollars per violation for each day for discharges

      in violation of any waste discharge limitation, permit condition, or requirement issued, reissued or

    adopted by the city.

      d.   In an amount which shall not exceed ten dollars per gallon for discharges in violation of any

     suspension, cease and desist order or orders or prohibitions issued, reissued or adopted by the city.

       e.  The amount of any civil penalties imposed under this administrative complaint procedure which

    remain delinquent for a period of sixty days shall constitute a lien against the real property of the

     discharger consistent with the terms of Government Code Sections 54740.5 and 54740.6.

 4.   In Wxing the amount of the civil administrative penalty pursuant to this section, the city shall take into

account all relevant circumstances including but not limited to the extent of harm caused by the violation, the

economic beneWt derived through any noncompliance, the nature and persistence of the violation, the length

 of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger.

 5.   Procedures set forth in California Government Code Sections 54725 through 54740.6 shall control with

regard to the city’s enforcement through this civil administrative penalty process, whether or not the

procedures are speciWcally set forth in this part. To the extent that the procedures set forth in Government

Code Sections 54725 through 54740.6 are inconsistent with other enforcement procedures of the city

 generally found in Chapters 1.10 through 1.15 of the city code, the procedures set forth in Government Code

 Sections 54725 through 54740.6 shall apply to the extent the city is proceeding with civil administrative

 penalties pursuant to this section or seeks civil penalties pursuant to Section 54740 of the California

Government Code as set forth in subsection (F) of this section.

 6.   Issuance of an administrative complaint seeking penalties shall not be a bar against, or a prerequisite

  for, taking any other action against the user.

F. Civil Penalties. Any person who without regard to intent or negligence violates any provisions of these

regulations, or of any provisions of any permit issued pursuant to these regulations, or whose discharges cause

interference, pass through, contamination, nuisance, pollution, or who violates any order, termination of service

prohibition, eZuent limitation, national standard of performance or national pretreatment or toxicity standard or

requirement, shall be civilly liable to the city in a sum not to exceed twenty-Wve thousand dollars for each day in

which the violation occurs for as long as the violation continues. In addition to the above described civil penalties,

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the city may recover actual costs and damages incurred and reasonable attorney’s fees, court costs, and other

expenses associated with the enforcement activities, including sampling and monitoring expenses. The city may

petition the superior court to impose, assess and collect such sums pursuant to this chapter and California

Government Code Section 54740, et seq. In determining amount of liability, the court shall take into account all

relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude

and duration, any economic beneWt gained through the industrial user’s violation, corrective actions by the

industrial user, the compliance history of the user, and any other factor as justice requires.

G. Criminal Penalties. Any person who intentionally or negligently violates any provision of this part, or of any

permit issued pursuant to these provisions, or who discharges wastewater which causes interference, pass

through, pollution or who violates any order, prohibition, eZuent limitation, national standard of performance,

pretreatment or toxicity standard shall be liable, upon conviction thereof, of a misdemeanor, with a maximum Wne

of one thousand dollars or imprisonment for not more than six months in the county jail or both, for each

violation. Each person shall be guilty of a separate o[ense for each and every day during any portion of which any

violation of any provision of this part (Chapters 15.44 through 15.76) is committed or permitted by such person.

(Ord. 2282 NCS §3, 2007.)

In the event clean-up, repairs, construction, or other public work is performed on any premises pursuant to any

provision of law relating to the emergency pursuant to any other provision of law authorizing public work on

private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause,

causes, or has caused a violation of any provisions of these regulations, or any permit issued pursuant to these

regulations, or of any other requirement of law, the user responsible for the occurrence or condition giving rise to

such work, the occupant and the owner of the premises shall be liable jointly and severally to the city for such

public expenditures including overhead costs. (Ord. 2282 NCS §3, 2007.)

When a discharge of waste causes an obstruction, damage, or other impairment to city facilities including, but not

limited to, the city sewage system or wastewater treatment plant, the city may assess a charge against the user for

the work required to clean, repair and/or replace the facility including overhead costs, and add such charge to the

user’s charges and fees. The city shall have such authorities to collect these fees as it has to collect other sewer

service charges. (Ord. 2282 NCS §3, 2007.)

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Any user who violates the following conditions of the permit or any conditions of these regulations, or applicable

federal, and state regulations, is subject to having its permit revoked:

A. Failure of a user to factually report the wastewater constituents and characteristics of his discharge.

B. Failure of the user to report signiWcant changes in operations, or wastewater constituents and characteristics.

C. Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring.

D. Violation of conditions of Chapters 15.44 through 15.76 or of the permit conditions.

E. Failure to pay applicable fees and charges.

(Ord. 2282 NCS §3, 2007.)

Whenever the city Wnds that any user has violated or is violating Chapters 15.44 through 15.76, the wastewater

discharge permit, or any prohibition or limitation of requirements contained herein, the city may serve upon such

user a written notice stating the nature of the violation. A plan for the satisfactory correction thereof shall be

submitted to the city by the user. (Ord. 2282 NCS §3, 2007.)

Any user who knowingly makes any false statements, representation, records, reports, plan or other document

Wled with the city, or who knowingly renders inaccurate any monitoring device or method required under these

regulations, shall be guilty of a misdemeanor as more particularly set forth in Section 15.68.020(G). The city

attorney, upon order of the city council, shall petition the court of appropriate jurisdiction to impose, assess, and

recover such. (Ord. 2282 NCS §3, 2007.)

Discharges of wastewater in any manner in violation of this part (Chapters 15.44 through 15.76), applicable federal

or state regulations or any order issued by the city as authorized by this chapter, are hereby declared a public

nuisance and shall be corrected or abated as directed by the city. Any person creating a public nuisance shall be

subject to the provisions of Chapters 1.10 through 1.15 of the city code. (Ord. 2282 NCS §3, 2007.)

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The city may revoke any wastewater discharge permit, and/or terminate, or cause to be terminated wastewater

service to any premises if a violation of any provisions of this part (Chapters 15.44 through 15.76) is found to exist,

or if a discharge of wastewater causes or threatens to cause, alone or in combination with other discharges, a

condition of contamination, pollution, interference, pass through, a[ects public health or causes a nuisance. If

service is terminated it shall be unlawful for any person to discharge any material to the city’s community sewer.

This provision is in addition to other statutes, rules, or regulations authorizing termination of service for

delinquency in payment. (Ord. 2282 NCS §3, 2007.)

Nothing in this part shall be construed to relieve a user from civil and/or criminal penalties for noncompliance

under this chapter or state or federal laws or regulations. (Ord. 2282 NCS §3, 2007.)

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any

and all other remedies available to the city. (Ord. 2282 NCS §3, 2007.)

If any provision of this part (Chapters 15.44 through 15.76) or the application to any person or circumstances is

held invalid, the remainder of the regulations or the application of such provisions to other persons or other

circumstances shall not be a[ected. (Ord. 2282 NCS §3, 2007.)

The city will comply with public participation requirements of 40 CFR Part 25 in the enforcement of national

pretreatment standards. The city will annually provide public notiWcation in a newspaper of general circulation

that provides meaningful public notice within the jurisdiction served by the POTW of all industrial users which at

any time during the previous twelve months were in signiWcant noncompliance as deWned in Section 15.44.020

with applicable pretreatment requirements. (Ord. 2282 NCS §3, 2007.)

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The primary responsibility for enforcement of the provisions of this part (Chapters 15.44 through 15.76) shall be

vested in the director of water resources and conservation or his or her designees and the agents of the city as it

may designate; and provided further, that Weld inspectors or other employees of the city are hereby authorized to

act as agents of the city for and on behalf of the city with the power to inspect and issue citations for violations of

the provisions set forth in Chapters 15.44 through 15.76. The city council may at any time designate an alternate

person or position to be the individual primarily responsible for enforcement of these provisions without

amendment of this part. (Ord. 2282 NCS §3, 2007.)

With the exception of the procedures applicable to Section 15.68.020(E) and (F), which are provided for in

Government Code Sections 54740 and 54740.5 et seq., the enforcement, due process and notice of procedures

(including use of NOVs, order to show cause hearings and similar procedures) shall be those applicable to code

enforcement matters as set forth in Chapters 1.10 through 1.15 of the city code. Any inconsistency between the

enforcement provisions of Chapters 1.10 through 1.15 and procedures set forth in this chapter should be

interpreted in the manner to reconcile these provisions with Chapters 1.10 through 1.15; provided, however, the

procedural requirements of Government Code Section 54740 et seq. shall prevail where applicable. (Ord. 2282

NCS §3, 2007.)