Porterville Municipal Code Div. 5 Enforcement

Whenever the city finds that any user has violated or is violating this article, their wastewater discharge permit, or any prohibition, or limitation of requirements contained herein, the city may take enforcement action to correct the violation. Enforcement action is through the issuance of notices of violation, consent orders, compliance orders, cease and desist orders, emergency suspension, termination of discharge, show cause hearings, legal action, and administrative fines. The level of enforcement is dependent on the level and/or frequency of the violation. (Ord. 1636 § A, 7-1-2003)

The city may issue a notice of violation to a user when a specific violation of this article or their wastewater discharge permit has occurred. The notice will state the nature of the violation and require the user, within thirty (30) days of the date of the notice, to submit to the city a plan for the satisfactory correction of the violation.

If sampling performed by an industrial user indicates a violation, the user must notify the city within twenty four (24) hours of becoming aware of each violation. The user shall immediately repeat sampling, have the samples analyzed and submit results to the city within thirty (30) days of becoming aware of the violation. (Ord. 1636 § A, 7-1-2003)

The city may enter into a consent order with any user responsible for noncompliance of this article. The consent order will contain milestone tasks and completion dates developed by the user to correct the noncompliance and prevent future violations. (Ord. 1636 § A, 7-1-2003)

The city may issue a compliance order to the user to achieve compliance with this article or with their wastewater discharge permit. The compliance order shall contain milestone dates for the completion of intermediate tasks, developed by the city, required for the user to achieve full compliance. (Ord. 1636 § A, 7-1-2003)

The city may issue a cease and desist order requiring the user to halt specific activities that are releasing pollutants to the POTW in violation of this article and/or their wastewater discharge permit. The cease and desist order shall require the user take immediate action to reduce or eliminate the adverse impact to the POTW caused by its discharge. (Ord. 1636 § A, 7-1-2003)

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 an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW, or causes the city to violate any condition of its NPDES permit and/or state waste discharge requirement permit.

Any person notified 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 damage to the POTW system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of elimination of the noncomplying 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 fifteen (15) days of the date of the occurrence. (Ord. 1636 § A, 7-1-2003)

Any user who violates the following conditions is subject to having their permit revoked and their discharge terminated:

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

B. Failure of the user to report significant changes in operation or wastewater constituents and characteristics;

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

D. Violation of conditions of the wastewater discharge permit.

The user will be notified of the proposed termination and offered an opportunity to show cause under section 25-117 of this article why the proposed action should not be taken. (Ord. 1636 § A, 7-1-2003)

A. The city manager may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city why the proposed enforcement actions should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the city regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the city why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

B. The city may itself conduct a hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:

1. Issue in the name of the city notices of hearing, requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;

2. Take the evidence; and

3. Transmit a report of the evidence and hearing, transcripts and other evidence, together with recommendations to the city council for action thereon.

C. At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

D. After the city has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on the existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. (Ord. 1636 § A, 7-1-2003)

If any person discharges sewage, industrial waste or other waste into the city's wastewater disposal system contrary to the provision of this article, federal or state pretreatment requirements, or any other order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief. (Ord. 1636 § A, 7-1-2003)

A. When the city finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in an amount not to exceed the maximum fine allowed under state law. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after the due date, be assessed the same penalties and interest as are required for delinquencies or nonpayment of water bills. Water services may be discontinued for nonpayment of the unpaid charges, fines, and penalties and any unpaid charge, fines, penalties or interest may be placed as a lien on the real property involved.

C. Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit the city may convene a show cause hearing on the matter under section 25-117 of this article. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The city may add the costs of preparing administrative actions, such as notices and orders to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 1636 § A, 7-1-2003)