San Luis Obispo Municipal Code Art. XII Administration and Enforcement Remedies

A. Notification of Discharge.

1. Users shall notify the director immediately upon discharging wastes in violation of this chapter to enable countermeasures to be taken by the city to minimize damage to the community sewer, treatment facility, treatment process, treatment personnel and the receiving waters.

2. This notification shall be followed within fifteen days of the date of occurrence by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence.

3. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, or other public or private property, or for any fines imposed on the city by any public entity on account thereof.

B. Notices to Employees. In order that employees of users be informed of city requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted at the premises advising employees whom to contact in case of an accidental discharge in violation of this chapter.

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 entry points to warn against discharge of such wastes in violation of this chapter. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

A. Notice of Violation. When the director finds that a user has violated or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or wastewater requirement of the city, state or federal government, or is found to have improperly used or maintained sewers, the director may serve that user a written notice of violation. Within thirty days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.

B. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without issuing a notice of violation; however, such notice of violation shall be issued as soon as possible.

C. Consent Orders. The director may enter into consent orders, assurances of compliance, or other similar agreements with any user responsible for noncompliance. Such agreement shall include specific actions to be taken by the user to correct the noncompliance within the time period specified in the agreement. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 13.08.500 and 13.08.510 and shall be judicially enforceable.

D. Compliance Orders. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, water service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

E. Cease and Desist Orders. When the director finds that a violation of this chapter has occurred, or appears imminent, and the violation appears to present an imminent endangerment to the health or welfare of persons, or the environment, or which threatens to interfere with the operation of the POTW or cause pass-through, the director may, after informal notice to the violator, issue an order to cease and desist and direct those persons not complying with this chapter to:

1. Comply forthwith; or

2. Comply in accordance with a time schedule set forth by the director; or

3. Take appropriate remedial or preventive action in the event of a threatened violation.

F. When the director finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a wastewater discharge permit, the director may require the user to submit to the appropriate POTW representative a report containing methods to eliminate illegal discharges, a time schedule for the commencement and completion of any equipment installation or maintenance necessary to comply with discharge limitations and methods of assurance of continued compliance. (Ord. 1598 § 1, 2014)

A. Within five days of issuance of a notice to correct/notice of violation of this chapter, a person receiving such notice(s) and citation may request in writing that the director review a contested notice to correct and/or notice of violation. Director review will proceed under the terms of Section 1.24.090. There is no separate right to appeal from the director’s review or determination on a notice of correction or violation, but any assertions of error or challenges to the director’s review or determination may be raised as part of any appeal from an administrative citation pursuant to Section 1.24.100.

B. Any user, permit applicant, or permit holder affected by any decision, action or determination, made by the director in issuing an administrative citation, may file with the city clerk a written appeal within ten days of such decision, action or determination, setting forth in detail the facts supporting the appeal, in accordance with Section 1.24.100. The appeal shall include a statement whether the appellant elects either to proceed with a hearing officer (if no writ will be sought) or to the administrative review board (if the appellant intends to challenge city action by writ), pursuant to Section 1.24.100(B)(2). The request for appeal shall be deemed filed on the date received by the city clerk. If no appeal is filed within ten days of the effective date of the administrative citation, the administrative citation shall be deemed final.

C. The appeal will be heard either by a hearing officer or the administrative review board, by appellant’s election, by the procedure set forth in Sections 1.24.110 through 1.24.130.

D. The notice of the decision by either the hearing officer or administrative review board or construction board of appeals is final and is not subject to appeal to the city council. The appellant may seek judicial review pursuant to Section 1.24.140. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

The actions and remedies available to the director in the sections set forth in this article may be utilized separately or in combination by the director as it deems appropriate. (Ord. 1598 § 1, 2014)

The director is authorized to seek injunctive relief to halt the noncompliance by any industrial user with any pretreatment standard or requirement under this chapter, or permit issued hereunder. (Ord. 1598 § 1, 2014)

Any person who discharges or causes to be discharged any water or wastewater in violation of this chapter and such discharge, either singly or by interaction with other discharges, results in damage to or is otherwise detrimental to or adversely affects the POTW, city property, city storm drain system or waters of the state shall be liable to the city for expenses necessary to correct that damage, detriment or adverse effect. The expenses may include, but are not limited to, costs for labor, material, inspection and overhead. Any expenses resulting from the investigation of unlawful discharges shall be collected from the responsible party. In addition, any monetary penalties imposed against the city shall also be costs for which the violator is liable to the city. (Ord. 1734 § 8, 2024; Ord. 1598 § 1, 2014)

Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the director, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a misdemeanor. (Ord. 1598 § 1, 2014)

The director may revoke any wastewater discharge permit, or terminate or cause to be terminated wastewater and/or water service to any premises if a violation of any provision of this chapter 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 chapter. This provision is in addition to other statutes, rules or regulations, authorizing termination of services for delinquency in payment. (Ord. 1598 § 1, 2014)