San Joaquin County Municipal Code Ch. 10 Enforcement and Appeal

(a) Notification of Discharge. Users shall notify the County immediately upon accidentally discharging wastes in violation of this Division to enable countermeasures to be taken by the County to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters.

This notification will not relieve users of liability for any expenses, loss or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the County or City of Stockton on account thereof, including, but not limited to, fines under Section 5650 of the California Fish and Game Code or other applicable State or Federal law.

(b) Notices to Employees. In order that employees of users be informed of County requirements, users shall make available to their employees copies of the ordinance codified in this division together with such other wastewater information and notices which may be furnished by the County or the City of Stockton from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this division.

(c) Preventive Measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label such discharge points to warn against discharge of such wastes to sanitary sewer in violation of this division.

(Ord. 3994 § 1 (part), 1998)

When the County finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations of this division, or the provisions of a wastewater discharge permit, the Director may issue an order to cease and desist, and direct that those persons not complying with such prohibitions, limits, requirements or provisions to:

(a) Comply forthwith;

(b) Comply in accordance with a time schedule set forth by the County; or

(c) Take appropriate remedial or preventative action in the event of a threatened violation.

(Ord. 3994 § 1 (part), 1998)

When the County finds that a discharge of wastewater has been taking place, in violation of prohibitions or limitations prescribed in this division, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the County may require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.

(Ord. 3994 § 1 (part), 1998)

When the wastewater discharge is treated by the City of Stockton Regional Wastewater Treatment Facility, the enforcement of this division and the permits granted hereunder shall be in accordance with the provisions for enforcement set out in Chapter 7, Part III, of the Stockton Municipal Ordinance Code; provided, however, nothing contained therein shall prohibit or exclude the Director of Public Works of the County of San Joaquin from taking action to enforce any of the regulations of this division or the conditions of permits granted hereunder in addition to any action which may be taken by the City of Stockton concerning the same violation.

(Ord. 3994 § 1 (part), 1998)

Any person who intentionally or negligently violates any provision of this division, any provision of any permit issued pursuant to this division, or who intentionally or negligently discharges waste or wastewater which causes pollution or who so violates any cease and desist order, prohibition, effluent limitation, national standard of performance, a NPDES permit provision or national pretreatment or toxicity standard shall be civilly liable to the County or the City of Stockton in a sum not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. The County may petition the Superior Court to impose, assess and collect such sums pursuant to this section and Section 54740 of the California Government Code. Additional penalties may be assessed as provided in State and Federal law.

(Ord. 3994 § 1 (part), 1998)

It is unlawful for any person or entity to intentionally or negligently fail to comply with or violate any provisions of this division or any permit standards or requirements issued pursuant to this division or by the State, Federal or other local governmental agency having jurisdictional authority with regard to wastewater treatment or discharge.

(Ord. 3994 § 1 (part), 1998)

Any user, permit applicant, or permit holder affected by a decision, action or determination, including cease and desist orders, made by the Director, interpreting or implementing the provisions of this division or in any permit issued herein, may file with the Director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration.

Any person aggrieved by the action of the Director may appeal said decision to the Board of Supervisors and a hearing shall be held pursuant to Section 5-6908 of this division.

(Ord. 3994 § 1 (part), 1998)

The Director may terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this division is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this division. This provision is in addition to other statutes, rules or regulations, authorizing termination of service for delinquency in payment.

Any such termination shall be accomplished by written notification of termination and the reasons therefor, sent by certified mail, return receipt requested to the permittee's business address as approved in the application.

The Director shall, within ten (10) days after the notice has been mailed, hear the matter pursuant to Section 5-6906 of this division.

(Ord. 3994 § 1 (part), 1998)

An appeal to the Board of Supervisors of the County shall be made by filing a petition in triplicate with the Clerk of the Board of Supervisors of the County no later than ten (10) days from the decision of the Director. The petition shall set forth grounds for appeal and the reasons why such appeal should be granted. Upon receipt of said petition, the Clerk of the Board of Supervisors of the County shall immediately forward a copy to the County Administrator and within ten (10) days following the filing of appeal, the petition shall be placed on the agenda of the Board of Supervisors.

The Board of Supervisors shall set the matter for hearing within fifteen (15) days and shall give the applicant notice of such time and place for hearing. Said notice shall be given in person or by mail no later than ten (10) days prior to the hearing.

(Ord. 3994 § 1 (part), 1998)

In considering and ruling on the appeal, the Board of Supervisors shall determine the issues of the appeal on the grounds specified for revocation of permits (Section 5-6502); for summary suspension of permits (Section 5-6205) and for termination of service (Section 5-6907). The Board of Supervisors may reverse or affirm, wholly or in part, any decision, termination or requirement of the Director or impose such conditions as the facts warrant. The decision of the Board of Supervisors shall be final. Any hearing may be continued from time to time.

(Ord. 3994 § 1 (part), 1998)