Rialto Municipal Code Art. VI Administrative Enforcement Remedies

A. The public works director shall be authorized, at any reasonable time, to enter the premises or developed parcel of any discharger to the city's municipal separate storm sewer system to determine compliance with the provisions of this chapter, and to:

1. Conduct inspection, monitoring and/or other authorized duties to enforce the provisions of this chapter;

2. Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape or copy any applicable information; and

3. Inspect any chemicals, materials, wastes, storage areas, storage containers, and waste-generating processes, treatment facilities and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers and waste-generating processes, treatment facilities and discharges locations.

B. The public works director shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the public works director shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises.

C. If the public works director has reasonable cause to believe that an ongoing non-stormwater discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the public works director shall have the right to immediately enter and inspect the property and may use any reasonable means required to effect such entry and make such inspection, regardless if the property is occupied or unoccupied inspection without any warrant.

D. Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall make all necessary arrangements with its security agents in order that, upon presentation of such identification, the public works director shall be permitted to enter the premises without delay, for the purpose of performing his authorized duties. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the city so that the inspection is not impaired.

(Ord. 1401 § 1 (part), 2007)

Whenever the public works director finds that any person threatens to violate or has already violated any prohibition, limitation or requirement contained in this chapter, any NPDES permit or the basin plan, the city may serve upon such person a written notice of correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties for noncompliance.

(Ord. 1401 § 1 (part), 2007)

A. When the public works director finds that any person has failed to comply with a notice of correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES permit or the basin plan, the city may serve upon such person a written notice of violation stating the nature of the violation and the penalties for noncompliance. At a minimum, the notice of violation shall require that the person to submit to the public works director, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence.

B. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by the discharger.

C. A violation under this section is an infraction. Pursuant to California Government Code Sections 53069.4 and 36900(b), the following violation assessments will apply to the issuance of a notice of violation by the public works director:

1. A first notice of violation shall be issued for a first violation of this chapter and shall be punishable by a fine not exceeding one hundred dollars.

2. A second notice of violation shall be issued for a second violation of this chapter within one year and shall be punishable by a fine not exceeding two hundred dollars.

3. A third notice of violation shall be issued for a third violation of this chapter within one year and shall be punishable by a fine not exceeding five hundred dollars.

4. Each additional violation of this chapter within one year shall also be punishable by a fine of five hundred dollars.

(Ord. 1401 § 1 (part), 2007)

The public works director may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, by issuing an administrative order, enforceable in a court of law, or by directly seeking court action. Administrative orders may include compliance orders, stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders.

A. Compliance Orders. The public works director may issue a compliance order to any person who fails to correct a violation of this chapter, any NPDES stormwater permit or the basin plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. The compliance order may include the following terms and requirements:

1. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge;

2. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact stormwater runoff;

3. Installation of stormwater treatment devices, containment structures, wash racks and addition and removal of stormwater drains; and

4. Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency.

The public works director may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if in his or her judgment, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the city's MS4.

A compliance order shall require the person to pay a one thousand dollar penalty fee to the city for the issuance thereof.

B. Stop Work Order. The public works director or building official may serve a written stop work order on any person engaged in doing or causing to be done, new construction, tenant improvements, alterations or additions, if:

1. No construction permit has been granted by the city;

2. Work has begun prior to the submittal of a written stormwater quality management plan (SWQMP) and subsequent approval by the city engineer; or

3. Violations of this chapter are found at the site of the new construction, tenant improvements, alterations or additions.

Any person served a stop work order shall stop such work forthwith until written authorization to continue is received from the public works director or building official. A stop work order shall require the discharger to pay a one thousand dollar penalty fee to the city for the issuance thereof.

C. Cease and Desist Order. When the public works director finds that any person or industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, any NPDES stormwater permit or the basin plan, or NPDES stormwater permit, the city may issue a cease and desist order direction such person to:

1. Immediately discontinue any illicit connection or prohibited discharge to the city's municipal separate storm sewer system;

2. Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter;

3. Immediately discontinue any other violation or threatened violation of this chapter.

A cease and desist order shall require the discharger to pay a one thousand dollar penalty fee to the city for the issuance thereof.

D. Termination of Service. When the public works director finds any person or industrial and/or commercial discharger who has a direct illicit connection into the city's municipal separate storm sewer system or has violated an administrative order, the public works director may terminate storm drain service to the discharger. The person shall be liable for all costs for termination of storm drain service incurred by the city. This provision is in addition to any other statutes, rules or regulations authorizing termination of service for delinquency payment or for any other reasons. Storm drain service shall be reinstituted by the public works director after the discharger has complied with all the provisions of the administrative order. The person shall also be liable for all costs for reinstituting storm drain service.

E. Immediate Termination of Service. The public works director may immediately suspend storm drain service and any non-stormwater discharge permit when such suspension is necessary, in the opinion of the public works director, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or pollution to the receiving waters, ground and/or MS4 of the city. Any person or industrial and/or commercial discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the city's municipal separate storm sewer system.

In the event of failure to comply voluntarily with the immediate termination of service order, the public works director shall take appropriate steps, including immediate severance of all applicable storm drain connections. All persons responsible for a discharge that may endanger the health or welfare of the community or the environment shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service shall be reinstituted by the public works director after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial and/or commercial discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence, shall be submitted to the public works director within ten working days of the date of storm drain service termination.

(Ord. 1401 § 1 (part), 2007)

A. Any person who receives a notice of correction, notice of violation, administrative order or other notice specified in this chapter may request, or the public works director may order, an administrative hearing, at which time a person who causes or allows, or who has caused or allowed, an unauthorized discharge to enter into the city's municipal separate storm sewer system or who continues to allow a violation of this chapter to exist, may show cause why a proposed enforcement action should not be taken against him or her. The city administrator, or his designee, shall preside as the hearing officer over the administrative hearing, at which time each party, including the discharger and the public works director, shall have the right to present evidence.

B. A notice of hearing shall be served on the discharger specifying the time and place of the hearing; referencing the specific violation and/or violations of this chapter, the reasons why the action is to be taken and the proposed enforcement action; and directing the discharger to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested at least ten working days prior to the hearing. Service of the notice of hearing may be made on any agent or officer of the discharger.

(Ord. 1401 § 1 (part), 2007)

Any decision of the city engineer may be appealed to the city administrator. An appeal must be initiated within ten working days after receipt of the notice of any decision or action by filing, with the public works director, a letter of appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be held on a date no more than fifteen working days after receipt of the letter of appeal. The appellant shall be given at least five working days' notice of the time and place of the hearing. The city administrator shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to show cause why the determination of city engineer should not be upheld. Within forty-five working days of the hearing, the city administrator shall make a written decision regarding the appeal. The decision of the city administrator shall be final. The imposition of fines or penalties shall be stayed during the appeal period unless the city engineer determines that such a stay would threaten the public safety, health or welfare.

(Ord. 1401 § 1 (part), 2007)

A. The public works director may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation thereof or any compliance order, stop work order, cease and desist order, termination of service order, immediate termination of service order, or injunction. 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.

B. The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the public works director shall be conducted within sixty days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the city shall not conduct a hearing. A person dissatisfied with the decision of the public works director may appeal to the city planning commission of the city within thirty days of notice of the public works director's decision.

C. If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the public works director or city planning commission may assess a civil penalty against that person. In determining the amount of the civil penalty, the public works director or city council shall take into account the nature, circumstances, extent, and gravity of the violation or violations, whether the discharge is susceptible to cleanup or abatement, the degree of toxicity of the discharge, and, with respect to the violator, the ability to pay, the effect on its ability to continue its business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic benefit or savings, if any, resulting from the violation, and other matters that justice may require. At a minimum, liability shall be assessed at a level that recovers the economic benefits, if any, derived from the acts that constitute the violation.

D. Civil penalties may be assessed, as follows:

1. In an amount which shall not exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance order established by the city;

2. In an amount which shall not exceed ten thousand dollars for each day of discharge in violation of any discharge limitation, area-wide urban runoff permit condition, or requirement issued, reissued or adopted by the city; or

3. In an amount which shall not exceed ten dollars per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city.

E. The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided in this chapter shall have no force and effect until recorded with the San Bernardino County recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 through 683.220, inclusive, of the California Code of Civil Procedure.

F. All moneys collected under this section may be deposited in a special account by the city and to be made available for the monitoring, treatment and control of discharges into the city's MS4 or for other mitigation measures.

G. Nonmonetary civil penalties may be assessed as follows:

1. The requirement that a performance bond be delivered to the city in an amount necessary to fund the nonperformed work giving rise to the administrative complaint; and

2. The denial, revocation and/or stay of any other permit issued to that person by the city.

H. Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within thirty days of issuance of an invoice by the city. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.

I. The city may, at its option, elect to petition the superior court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 through 1287.6, inclusive, of the California Code of Civil Procedure.

(Ord. 1401 § 1 (part), 2007)

Any person who damages monitoring equipment, discharges pollutants into the city's MS4 which affect or have the potential to affect human health or the environment, discharges pollutants into the city's MS4 which causes or has the potential to cause increased maintenance of the system, nonroutine inspection or sampling of the system, system blockages or other damage or interference in the city's municipal separate storm sewer system, or causes any other damages, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the city administrator based on the city's current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within thirty calendar days of invoicing.

(Ord. 1401 § 1 (part), 2007)