San Clemente Municipal Code Art. III Authorities and Powers

A. .....The CSC is regulated by agencies of the United States Federal Government and the State under provisions of federal and state law. Federal law requires the CSC and SOCWA, and the State grants the CSC the authority to regulate and/or prohibit by adoption of ordinances, resolutions, and issuance of wastewater discharge permits or other control mechanisms, the discharge of any waste, directly or indirectly, to the CSC's sewerage facilities. That authority includes, but is not limited to, the right to establish local limits, conditions, prohibitions, flow rates, prohibit flows discharged to the CSC's sewerage facilities, and enforce federal, State and local requirements. This may require the implementation of compliance schedules for the installation of flow monitoring equipment by users and for the CSC to take all actions necessary to enforce its authority, whether within or outside CSC's service area, including those users that are tributary to the CSC or within areas for which the CSC has contracted to provide sewerage facility services.

B. .....The CSC has the authority under California Health and Safety Codes 5471 and 5474 to prescribe, revise, and collect all regulatory fees and to charge for services and sewerage facilities furnished by the CSC either within or without its service area.

C. .....Administration and enforcement of the pretreatment program may be carried out on a daily basis by any individual and/or combination of CSC personnel as granted by an interjurisdictional agreement under the oversight of SOCWA. However, SOCWA retains the authority to assume, at any time, administrative and enforcement powers of the pretreatment program requirements within the CSC's jurisdiction.

D. .....The CSC shall have the authority to seek compliance with 40 CFR 403, its NPDES permit and the provisions of this chapter by, but not limited to, the following:

1. Issue WD permits.

2. Require the installation of pretreatment equipment.

3. Require the installation of monitoring and/or sampling equipment and/or structures.

4. Require self-monitoring and reporting of the user's discharge.

5. Require the implementation of spill containment plans.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

For purposes of this chapter, whenever any authority or power is granted to or a duty imposed upon the City Manager, that authority or power may be exercised or that duty may be performed by a person authorized by the City Manager.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)

A. .....Enforcement action against a user for violating this chapter shall include, but is not limited to, the following:

1. Issuing a warning notice of noncompliance letter.

2. Issuing a notice of non-compliance (NON) form;.

3. Issuing a notice of violation (NOV) form;.

4. Issuing an administrative order (AO) which may also include, but are not limited to, the following:

a. Probation Order (PO)

b. Show Cause Order (SCO)

c. Cease and Desist Order (CDO)

5. Petition the courts for injunction or civil penalties;

6. Signing criminal complaints;

7. Suspension or revocation of an issued wastewater discharge permit;

8. Termination of services;

9. Administrative complaints.

B. .....The issuance of an enforcement action shall not be a bar against, or a prerequisite for, taking any other enforcement action against the user.

(Ord. No. 1721, § 2(Exh. A), 12-21-21)