San Clemente Municipal Code Art. IX Enforcement

A. .....The CSC finds that in order for it to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that sewerage facilities and treatment processes are protected and are able to operate with the highest efficiency; specific enforcement provisions must be adopted to regulate discharges from industrial users.

B. .....The CSC is willing to cooperate with all users on improvements in wastewater quality, yet must be in a position to ensure that uncooperative users shall comply with this chapter and any conditions set forth in a wastewater discharge permit.

C. .....The CSC intends to ensure that all interested parties are afforded due process of law and that any noncompliance or violation is resolved as soon as possible. Enforcement shall be guided by the ERP, adopted by CSC as Resolution No. 11-55.

D. .....All users have a right of appeal pursuant to the procedures set forth in this chapter.

E. .....Each noncompliance or violation per day and each day of noncompliance or violation shall be taken as a separate noncompliance or violation for determining the amount of fees, charges, fines or penalties and/or which enforcement actions may be taken. A violation of a weekly average is considered seven days of violation for that parameter and a violation of a monthly average is based upon the number of days in that month. A violation of multiple parameters caused by a single operational upset is considered one violation.

F. .....The issuance of exercise of any type of an enforcement action provided for under this chapter shall not be a bar against, or a prerequisite for, taking any other or additional enforcement action against a user under this chapter or any other local, state or federal law. The remedies provided for in this chapter are not exclusive and the CSC is empowered to take more then one enforcement action against any noncompliant user.

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

City staff can exercise its discretion to select between criminal enforcement depending on the severity of the violation.

A. .....In the event that it is determined that a user is in noncompliance with any provision of this chapter, or the terms, conditions and limitations of its wastewater discharge permit, the CSC may issue a Warning Notice of Noncompliance (WNON) letter, an enforcement action in advance of a NON.

B. .....If the user does not come into compliance with the provision(s) of this chapter noted in the WNON, or the terms, conditions and limitations of its wastewater discharge permit, the CSC may issue a NON form, whereby the user shall comply with all directives, conditions and requirements therein within the time prescribed.

C. .....The issuance of a NON form may contain terms and conditions including, but not limited to, installation of pretreatment equipment, sampling structures, submittal of drawings or technical reports payment of fees or administrative fines, limits on rate and time of discharge or any other provisions to ensure compliance with this chapter and the user's wastewater discharge permit. This action is not a prerequisite to taking other or more severe enforcement actions.

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

A. .....In the event that it is determined that a user has not responded to a NON form that was previously issued to them or that noncompliance of any pretreatment standards requires their immediate attention, the CSC may issue a NOV form, whereby the user shall comply with all directives, conditions and requirements therein within the time prescribed.

B. .....The issuance of a NOV form may contain terms and conditions including, but not limited to, installation of pretreatment equipment, sampling structures, submittal of drawings or technical reports, payment of fees, administrative fines, limits on rate and time of discharge or any other provisions to ensure compliance with this chapter. This action in not a prerequisite to taking other or more severe enforcement actions.

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

A. .....The AO is an enforcement document from the CSC directing the noncompliant user to undertake or to cease specific activities required to bring the user into compliance with this chapter or the terms, conditions and limitation of a wastewater discharge permit as determined by the CSC. The terms and conditions of the AO are not negotiable by the user. The circumstances of a user's noncompliance will be considered in determining the terms of the AO necessary to achieve the earliest possible return to compliance by the user. AOs may include administrative complaints. Types of AOs may include, but are not limited to, the following:

1. Probation Order (PO). The PO directs the noncompliant user to achieve compliance by a date specified in the order. The PO is usually issued when a user is in non-compliance of this chapter, or the terms, conditions and limitations of its wastewater discharge permit or other enforcement action, or has not made payment of all amounts owed to the CSC which include, but are not limited to, any fees, charges, fines and/or penalties. This action is not a prerequisite to taking other or more severe enforcement actions.

2. Show Cause Order (SCO). The SCO directs the noncompliant user to appear at a formal meeting, usually at a CSC location, to explain its noncompliance, and to show cause why more severe enforcement actions against the user should not go forward. This action is not a prerequisite to taking other or more severe enforcement actions.

3. Cease and Desist Order (CDO). The CDO directs the noncompliant user to cease illegal or unauthorized discharges immediately, or to terminate its discharge altogether. A CDO may be issued in situations where a particular discharge could cause interference or pass through, or threaten human safety or the environment. The CDO may be issued immediately upon discovery of the problem. In an emergency, a CDO may be issued by any means; however, such an order should be followed by a written CDO on the user. If necessary, the CSC may order immediate cessation of any discharge to a sewerage facility, regardless of the user's compliance status. If a user fails to comply with the CDO, the CSC may take any independent action to halt the discharge. This action is not a prerequisite to taking other or more severe enforcement actions.

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

A. ..... Grounds. The CSC may suspend or revoke any wastewater discharge permit when a user has done one or more of the following:

1. Violated an administrative order;

2. Provided a false statement, representation, record, report or other document to the CSC;

3. Refused to provide records, reports, plans or other documents required to determine wastewater discharge permit terms, conditions, or limitations, discharge compliance, or compliance with this chapter;

4. Discharged effluent that causes pass-through or interference with sewerage facilities;

5. Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method;

6. Discharged effluent that endangers human health or the environment;

7. Failed to report significant changes in operations or wastewater constituents and characteristics;

8. Failed to comply with the terms and conditions of any enforcement action;

9. Refused reasonable access to the permittee's premises for the purpose of inspection and monitoring;

10. Failed to make timely payment of any fees, charges, fines or penalties owed to the CSC;

11. Violated any conditions or limitations of its wastewater discharge permit or any provision of this chapter;

12. Discharged batch dumps to sewerage facilities not authorized or permitted by the CSC.

B. ..... Notice of Wastewater Discharge Permit Suspension/Revocation. When the CSC has reason to believe that grounds exist for the suspension/revocation of a wastewater discharge permit, written notice shall be given by personal delivery, first class U.S. mail or by certified mail to the permittee setting forth a statement of facts and grounds deemed to exist together with a description of the time and place where the charge shall be heard by the City Manager's designee. The hearing date shall not be less than 15 days nor more than 60 days after the mailing of such notice.

C. ..... Hearing on Wastewater Discharge Permit Suspension/Revocation.

1. At the suspension/revocation hearing, the user shall have an opportunity to respond to the allegations set forth in the notice. The hearing shall be conducted in accordance with procedures established by the City Manager and approved by the City Attorney.

2. After the hearing, the City Manager's designee shall submit a written report to the City Manager setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation.

3. Upon receipt of the written report, the City Manager shall make a determination. Should the City Manager find that the grounds exist for suspension/revocation of the wastewater discharge permit the decision and order shall be Issued in writing within 30 days after the hearing by the designee. A copy of the written decision shall be sent by personal delivery or certified mail to the user.

D. ..... Effect of Wastewater Discharge Permit Suspension.

1. Upon the issuance of an order of a wastewater discharge permit suspension by the City Manager, the user shall have no right to discharge any industrial wastewater, directly or indirectly to sewerage facilities for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the user.

2. An order of wastewater discharge permit suspension issued by the City Manager shall be deemed final upon delivery to the user, unless appealed to the Council as specified in this chapter.

E. ..... Effect of Wastewater Discharge Permit Revocation.

1. On the effective date of an order of a wastewater discharge permit revocation being final, the user shall permanently lose all rights to discharge any industrial wastewater directly or indirectly to sewerage facilities. All costs for physical termination shall be paid by the user.

2. Each owner and employee or agent of the CSC shall be bound by the order of wastewater discharge permit revocation.

3. Any future application from any user subject to an order of wastewater discharge permit revocation will only be considered by the CSC after fully reviewing the records of revocation. Such records may be the basis for denial of a new wastewater discharge permit.

4. An order of wastewater discharge permit revocation issued by the City Manager shall be deemed final upon delivery to the user, unless appealed to the Council as specified in this chapter.

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

The CSC may physically terminate water or sewer service to any user that violates or continues to violate the provisions of this chapter, a term of any order of suspension or revocation of a wastewater discharge permit or other control mechanism. All costs for physical termination shall be paid and/or reimbursed by the user, as well as all costs for reinstating services. Service may commence only after the user has satisfactorily demonstrated its ability to comply.

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

The CSC may suspend sewer service when such suspension is necessary, in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, to the environment, cause interference to sewerage facilities, or cause the CSC to violate any state or federal law or regulation.

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

Whenever a discharge of wastewater is in violation of the provisions of this chapter, the CSC may petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate to restrain the continuance of such discharge.

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

A. ..... Authority.

1. All users of sewerage facilities are subject to administrative or judicial enforcement actions by the CSC, SOCWA, EPA, State of California Regional Water Quality Control Board or the District Attorney of Orange County. Actions may be taken pursuant to all applicable legal authority, including, but not limited to:

a. The Federal Water Pollution Control Act (Clean Water Act).

b. The California Porter-Cologne Water Quality Act (California Water Code).

c. The California Hazardous Waste Control Law.

d. The Resource Conservation and Recovery Act (RCRA).

B. ..... Recovery of Fines or Penalties.

1. Payment of fines or penalties by the CSC due to enforcement actions of other regulatory agencies based upon a violation by the CSC whose cause can be established as the discharge of any user which is in violation of any provisions of this chapter or a wastewater discharge permit shall entitle the CSC to recover from the user all cost and expenses, including, but not limited to the full amount of fines and penalties to which the CSC has been subjected and including all attorney's fees, consulting fees and litigation costs and expenses incurred by the CSC.

2. Each violation shall constitute a new and separate violation and shall be subject to the penalties contained herein. Each day that the violation continues constitute a new and separate offense for which the full penalty may be imposed.

C. ..... Civil Liability.

1. Pursuant to the authority of California Government Code Sections 54739—54740, any user, permittee, discharger or other person who violates any provision of this chapter, any permit condition, prohibition or effluent limitation, or any order, compliance schedule, suspension of revocation shall be civilly liable for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs.

2. Pursuant to the authority of Act. 33 U.S.C. Section 1251 et seq., any user, permittee, discharger or other person who violates any provision of this chapter, any permit condition, prohibition or effluent limitation, or any order, compliance schedule, permit suspension or revocation shall be civilly liable for a sum not to exceed $25,000.00 per violation for each day in which such violation occurs.

3. The CSC may petition the superior court to impose, assess and recover penalties or other such penalties as the CSC may impose, assess and recover pursuant to federal and/or state legislative authorization.

4. Notwithstanding any other provisions of law, all civil penalties imposed by the court for a violation of this chapter shall be distributed to the CSC.

5. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recovered under this section for any violation for which liability is recovered under Section 13.28.790 D. of this chapter.

D. ..... Administrative Complaint.

1. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the CSC may issue an administrative complaint to any user, permittee, discharger or other person who violates any provision of this chapter, any permit condition, prohibition or effluent limitation, or any administrative, suspension or revocation order or other control mechanism.

2. The administrative complaint shall be served by personal delivery or certified mail on such person and shall inform the person that a hearing shall be conducted, within 60 days following service. The administrative complaint will allege the act or failure to act that constitutes the violation(s), set forth the provisions of law authorizing civil liability to be imposed and the proposed civil penalty. The matter shall be heard by the City Manager or a designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing shall not be conducted.

3. At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the City Manager and approved by the City Attorney.

4. After the conclusion of the hearing, a written report shall be prepared setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions and a recommendation. Upon receipt of the written report, the City Manager shall make a determination and should he or she find that grounds exist for assessment of a civil penalty, he/she shall issue a decision and order in writing within 30 calendar days after the conclusion of the hearing. If not appealed, the order shall be final 31 days after it is served on the person.

5. A person dissatisfied with the decision of the City Manager may appeal to the City Council within 30 days of notice of the City Manager's decision.

6. If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements or other provisions of this chapter, the City Manager or Council may assess a civil penalty against such person.

7. In the determination of the amount of the civil penalty, all relevant circumstances may be taken Into consideration, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violations, the length of time over which the violation occurs and the corrective action(s), if any, attempted or taken by the person.

8. Civil penalties may be assessed as follows:

a. In an amount which shall not exceed $2,000.00 for each day for failing or refusing to furnish technical or monitoring reports;

b. In an amount which shall not exceed $3,000.00 for each day for failing or refusing to timely comply with any compliance schedule;

c. In an amount which shall not exceed $5,000.00 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, other control mechanism or requirement issued, reissued or adopted by the CSC;

d. In an amount which does not exceed $10.00 per gallon for discharges in violation of any suspensions, cease and desist order or other orders, or prohibition issued, reissued or adopted by the CSC.

9. Payment of civil penalties shall be due within 30 days of the date of the order assessing the penalties becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of 60 days from the date they are due shall constitute a lien against the real property of the discharger from which the discharge resulting in the imposition of the penalty originated. The lien shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years and be renewable in accordance with law.

10. Copies of the administrative order 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 of the order.

11. Any party aggrieved by a final order issued by the City Council after granting review of the order of the City Manager may obtain review of the order of the City Council in the Superior Court, by filing in the court a petition for writ or mandate within 30 days following the service of a copy of the decision and order issued by the City Council.

12. Any party aggrieved by a final order issued by the City Manager, for which the City Council denies review, may obtain review of the order of the City Manager in the Superior Court, by filing in the court a petition for writ of mandate within 30 days following service of a copy of a decision and order denying review by the City Council.

13. No administrative civil penalties shall be recoverable under this section for any violation for which civil liability is recovered under Section 13.28.790 C. of this chapter.

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

A. .....Any person who violates any provision of this chapter is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000.00 or imprisonment for not more than six months or both.

B. .....Each violation shall constitute a new and separate violation and shall be subject to the penalties contained in this section.

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

A. .....Discharge of wastewater in a manner that is in noncompliance or violation of this chapter or of any order issued by the CSC, in accordance with this chapter, is a public nuisance and shall be corrected or abated as directed by the CSC.

B. .....Any person creating a public nuisance is guilty of a misdemeanor and is subject to the civil and criminal penalties identified in this chapter, and all other claims and liabilities other wise provided in this code or under state or federal law.

C. .....If the CSC prevails in any criminal or civil action to prosecute, restrain, enjoin or abate the condition(s) found to be in violation of this chapter, the CSC shall be entitled to recover, in addition to fines, damages, injunction or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees, to the fullest extent allowable under law.

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

A. General.

1. Any user affected by a decision, action or determination made by CSC staff may file with the City Manager a written request for an appeal hearing.

2. Request must be made within 15 days of the mailing of the original decision.

3. Request for hearing shall set forth details of all facts supporting the appellant's request for hearing.

B. Notice.

1. The City Manager shall, within 15 days of receiving the request for appeal provide written notice to the user of the hearing date, time, and place.

2. The hearing time shall not be more than 30 days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant.

3. If the hearing is not held within the time set due to actions of the appellant, then the CSC's decision shall be deemed final.

C. Hearing.

1. The appellate shall have the opportunity to present information supporting its position concerning the CSC's original decision, action or determination.

2. The hearing shall be conducted in accordance with procedures established by the City Manager and approved by the City Attorney.

D. Written Determination.

1. After the hearing the City Manager shall make a determination whether to uphold, modify or reverse original decision, action or determination as issued by CSC staff.

2. This decision shall be put into writing with a brief statement of facts found to be true, the determination of the issues presented, and the findings.

3. The final determination of the City Manager upon his approval shall be executed as the order.

4. A copy shall be mailed or delivered to the appellant.

5. The order of the City Manager shall be final in all respects 15 days after it is mailed to the appellant, unless appealed under Section 13.28.830 of this ordinance.

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

A. General.

1. The user may, within 30 days after the date of notification of the City Manager's order upholding the CSC's determination, file a written appeal to the City Council.

2. A fee of $100.00 shall accompany the written appeal which shall be refunded if the City Council reverses or modifies the order of the City Manager.

3. A request for appeal to the City Council shall set forth details of the past record and that new arguments cannot be raised on appeal to the City Council that could have or should have been raised in the prior appeal to the City Manager.

4. Pending the hearing on appeal, the user shall not be entitled to discharge into sewerage facilities beyond the effective date of the original order determined by the City Manager, unless it has been determined by the City Manager that the user is pursuing good faith arguments and approves such discharge.

B. Notice.

1. The City Clerk, within 15 days of receiving the request for appeal, will provide written notice to the user of the hearing date, time and place.

2. The hearing date shall not be more than 45 days from the mailing of such notice by certified mail to the appellant unless a later date is agreed to by the appellant.

3. If the hearing is not held within the time set due to action of the appellant, the City Manager's decision shall be deemed final.

C. Hearing.

1. The appellant shall have the opportunity to present information supporting its position concerning the City Manager's determination.

2. The hearing shall be conducted in accordance with procedures established by the City Council and approved by the City Attorney.

D. Written Determination.

1. After the hearing, the City Council shall make a determination whether to uphold, modify or reverse the original decision, action or determination as ordered by the City Manager.

2. The decision of the City Council shall be reduced to writing within 30 days after the hearing.

3. The written decision shall contain a brief statement of facts found to be true, the determination of the issues presented, and the findings. The decision shall be submitted to the appellant.

4. The order of the City Council shall be final upon its adoption.

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

A. Purpose and Effect. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the time in which a user may bring an administrative mandamus action shall be limited to 90 days following the final decision in the adjudicative administrative hearing in question.

B. Time Limit for Judicial Review. Judicial review of any decision of the City Council may be made pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate is filed no later than 90 days following the date on which any decision becomes final.

C. Preparation of Records.

1. The complete record of the proceedings shall be prepared by CSC and shall be delivered or mailed to the petitioner within 190 days after they have filed a written request.

2. CSC shall recover from the petitioner its actual costs for preparing and transcribing the record.

D. Extension. If the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition may be filed, pursuant to Section 1094.5 of the California Code of Civil Procedures, shall be extended to no later than 30 days following the date on which the record is delivered or mailed, by CSC, to the petitioner or the petitioner's attorney of record, if appropriate.

E. Notice. In making a final decision, CSC shall provide notice to the user whose wastewater discharge permit has been denied, suspended or revoked, that the time in which judicial review must be sought is governed by Section 1094.6 of the California Code of Civil Procedures.

F. .....This section does not apply to action taken under Section 13.28.790 of this chapter.

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

A. .....Except as otherwise provided, all fees and charges are due and payable upon receipt of an invoice or notice thereof. All such amounts are delinquent if unpaid 45 days after date of invoice or notice.

B. .....Any invoice or notice that becomes delinquent may have added to it an assessment in accordance with the following:

1. Forty-six days after the date of invoice or notice, an assessment of ten percent of the base amount, not to exceed a maximum of $1,000.00;

2. Ninety days after the date of invoice or notice, a total of 25 percent of the base amount, not to exceed a maximum of $2,500.00.

C. .....Any invoice or notice that is outstanding and unpaid after 90 days may be cause for immediate initiation of wastewater discharge permit revocation proceedings or immediate wastewater discharge permit suspension.

D. .....Delinquent assessments under this section may not accrue to those invoices or notices successfully appealed, provided the CSC received written notice of appeal prior to the payment due date.

E. .....Payment of disputed fees and charges are still required by the due date during review of any appeal submitted by permittee.

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

In the event a user fails to comply with any of the terms and conditions of this chapter, wastewater discharge permit, administrative order, wastewater discharge permit suspension or revocation, other control mechanism, or any other enforcement action, the CSC shall be entitled to reasonable attorney's fees and costs which may be incurred during enforcement of any terms and conditions with or without filing proceedings in court, as well as all consulting fees and costs and other litigation costs and expenses incurred by the CSC.

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

A. Compliance Deposit.

1. Users that have been subject to enforcement actions and/or fees, charges, penalties or fines may be required to deposit with the CSC an amount determined by the City Manager as necessary to guarantee payment of all charges, fees, costs and expenses that may be incurred in the future.

2. A compliance deposit shall be received by the CSC before the CSC either issues a wastewater discharge permit, other control mechanism or grants the user permission for further discharge to sewerage facilities.

B. Delinquent Accounts. Any user who fails to make payment in full of all fees, charges, penalties or fines assessed by the CSC including reconciliation amounts, delinquency fees, and other costs, may be required to obtain the issuance of an amendment to their wastewater discharge permit.

C. Bankruptcy. Any 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 days of filing such action, apply for and obtain the issuance of an amendment to its wastewater discharge permit by the CSC.

D. Wastewater Discharge Permit Amendments. An amendment issued to the user's wastewater discharge permit shall be in accordance with the provision of this chapter.

E. Security Deposit.

1. An amendment to a wastewater discharge permit issued in accordance with this chapter may be conditional upon the permitted user depositing financial security in an amount equal to the total fees and charges from the preceding year.

2. Such a deposit shall be used to guarantee payment of all fees and charges incurred for future services and sewerage facilities provided by the CSC and shall not be used by the CSC to recover outstanding fees and charges incurred prior to the permitted user filing and receiving protection from creditors in the United States Bankruptcy Court.

F. Return of Security Deposit. If the user makes full payment in time of all fees and charges incurred over a period of two years following the issuance of an amendment to the user's permit prescribed by this chapter, the user's security deposit shall be returned or credited to the user's account.

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

All collected data from inspection and monitoring sampling conducted by the CSC may be reported to the permitted user. This data, if given to the user, shall be kept by the user and the CSC and made available during inspections by the CSC or any other regulatory agency.

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

A. .....When a discharger of wastes causes an obstruction, interference, damage, or other impairment to sewerage facilities or to the operation of sewerage facilities, the CSC may assess the costs against the user for the work required to clean, replace or repair the sewerage facility together with expenses incurred to resume normal operations. This shall also be grounds for wastewater discharge permit revocation. A service charge of 25 percent of costs shall be added to the costs and charges to cover the CSC's overhead, including administrative personnel and record keeping. The total amount shall be payable within 45 days of invoicing by the CSC.

B. .....If it can be shown that the discharge of any user is the cause of the CSC violating the NPDES permit and/or pretreatment requirements established by any regulatory agency or incurring additional expenses or suffering losses or damage to CSC sewerage facilities, then that user shall be responsible for paying all costs, expenses, or assessments incurred by the CSC, imposed by other agencies or a court.

C. .....Where two or more dischargers cause a single and indivisible harm to sewerage facilities, each is jointly and severally liable for the damages and injuries. The burden of proof is on the dischargers to demonstrate that the harm is divisible.

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

A. .....If an industrial waste discharge results in a pass-through event in sewerage facilities, all costs associated with the event, including, but not limited to, treatment costs, fines, regulatory fines, and other indirect costs shall be charged against the user.

B. .....The user shall submit plans which prevent future recurrences to the satisfaction of the CSC.

C. .....A second occurrence shall be grounds for wastewater discharge permit revocation without the right of appeal.

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

A. .....When the CSC determines that a user has discharged concentrated noncompatible wastes into sewerage facilities in a manner or method that is not approved by the CSC, any enforcement action may be taken.

B. .....The user shall be subject to wastewater discharge permit suspension or revocation in accordance with this chapter as well as any other legal enforcement penalties or remedies available to the CSC.

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

A. .....To comply with the requirements of 40 CFR 403, the CSC shall annually publish the names of all industrial users that are in SNC of federal pretreatment standards.

B. .....Publication of this SNC notice shall be in the newspaper of general circulation that provides meaningful public notice within the CSC's service area.

C. .....The determination of SNC is based upon the definition of such terms as defined in this chapter.

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