Santa Barbara Municipal Code Ch. 16.14 Abatement

Discharges of wastewater which in any way violate this title or any permit or order issued by the Public Works Director pursuant to this title are a public nuisance and shall be corrected or abated as directed by the Public Works Director.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)

When the Public Works Director finds that a user has violated, or continues to violate, any provision of this title, a Wastewater Discharge Permit, an order issued hereunder, or any other pretreatment standard or requirement, the Public Works Director may petition the Superior Court through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the Wastewater Discharge Permit, order, or other requirement imposed by this order on activities of the user. The Public Works Director may also seek such other action as appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)

When a user causes a discharge of waste which obstructs, damages or impairs the POTW or a community sewer, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's sewer service charges.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)

The City will publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the City, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance," as defined in Section 16.02.040.EEE of this title, shall be applicable to all Tier I users. This term also shall apply to any other users that violate Sections 16.02.040.EEE.3, 4, or 8 of this title, and those users will also be included in this list.

(Ord. 4589, 1989; Ord. 5675, 2014)

Any provision of this title may be enforced by the Public Works Director acting through use of administrative procedures and imposing administrative civil penalties for violations, as follows:

A. The Public Works Director may determine violations of this title by administrative hearing and, based upon the results of that hearing, order administrative civil penalty(ies) to be assessed against the party responsible for the violation in accord with the provisions of this title and California Code of Regulations Section 54740.5, as may be amended from time to time.

B. In addition to general enforcement through administrative civil penalties as authorized herein, the Public Works Director is designated to be the hearing officer for administrative enforcement authorized pursuant to California Code of Regulations Sections 54740.5 and 54740.6.

C. Hearing, waiver of hearing, orders, reconsideration, appeal to the City Council, judicial review, delinquencies, lien, and confirmation regarding administrative remedies shall be as provided in accordance with California Code of Regulations Sections 54740.5 and 54740.6, as may be amended from time to time, and as provided in this title.

D. In determining the amount of civil liability, the hearing officer or board may take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, any economic benefit gained through the user's violation, the length of time over which the violation occurs and corrective actions taken by the user.

E. Civil penalties may be imposed by the City as follows:

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

2. In an amount which shall not exceed $3,000.00 for each day for failing or refusing to timely comply with any compliance schedule established by the City.

3. 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, or requirement issued, reissued, or adopted by the local agency.

4. In an amount which does not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued, or adopted by a City.

5. The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 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 herein 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 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of law.

6. All moneys collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's community sewer or POTW or for other mitigation measures.

7. Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days. 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.

8. 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 law.

F. Except as provided in this section, remedies under this section are in addition to, and do not supersede or limit the use of, any and all other remedies, civil or criminal, available under this title and under the statutes and regulations of the State of California and the United States of America. No penalties shall be recoverable under this section for any violation for which civil liability is recovered under Section 16.14.060 or California Code of Regulations Section 54740.

G. Administrative remedies, fines and other civil penalties imposed pursuant to the provisions of this title may, at the sole discretion of the Public Works Director, be added to and collected with the applicable user's sewer service charges.

H. Except as provided in this section, issuance of an administrative penalty shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 4589, 1989; Ord. 4775, 1992; Ord. 5078, 1998; Ord. 5675, 2014)

A. Civil penalties. Any user who violated, or continues to violate, any provision of this title, a Wastewater Discharge Permit, an order issued hereunder, or any other pretreatment standard or requirement, shall be liable to the City for a maximum civil penalty of $25,000 a day for each violation. In the case of an exceedance of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. The City Attorney, upon order of the City Council, shall petition the Superior Court to impose, assess and recover such sums.

B. Attorney's fees. The City may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.

C. Factors relevant to liability. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions taken by the user, the compliance history of the user, and any other factor as justice requires.

D. Remedies not exclusive. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user; provided, however, no liability shall be recoverable under this section for any violation for which liability is recovered under Section 16.14.050 of this chapter, or California Code of Regulations Section 54740.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 4775, 1992; Ord. 5675, 2014)

Any person who intentionally or negligently violates any provision of this title, a Wastewater Discharge Permit, an order issued hereunder, or any other pretreatment standard or requirement, upon conviction shall be liable for a sum not less than $1,000 per violation per day, or for imprisonment for not more than six months in the County jail, or both.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)

It is unlawful for any person to make or file, or cause to be made or filed, any statement, representation, record, report, plan or other document which is false and which is required to be made or filed pursuant to any applicable regulation or Wastewater Discharge Permit, or to falsify, tamper with, or knowingly render inaccurate any monitoring device, sampling or method required under this title and shall be subject to any and all enforcement provisions provided in this title.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)

The Public Works Director may immediately suspend a user's discharge after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Public Works Director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the community sewer or POTW, or which presents, or may present, an endangerment to the environment. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this title.

A. Notification of suspension. Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately voluntarily comply with the suspension order, the Public Works Director may take such steps as deemed necessary, including immediate severance of the sewer connection or turning off water supply, to prevent or minimize damage to the community sewer or POTW, its receiving stream, danger to any individuals, or to prevent continued violation of this title or Wastewater Discharge Permit. The Public Works Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Public Works Director that the violation has passed, unless termination proceedings in accordance with Section 16.14.100 of this chapter are initiated against the user.

B. User responsibility. A user responsible, in whole or in part, for any discharge presenting imminent danger shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Public Works Director prior to the date of any termination hearing under Section 16.14.100 of this chapter.

C. Cost to suspend or mitigate. The user is responsible for any costs incurred to suspend or mitigate the impact of the discharge. Such costs may be added to the user's sewer service charges.

(Ord. 5675, 2014)

Any user who violates any of the following conditions is subject to discharge termination:

A. Violation of Wastewater Discharge Permit conditions.

B. Failure to accurately report wastewater constituents and characteristics of its discharge.

C. Failure to report significant changes in operations or wastewater constituents, and characteristics prior to discharge.

D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.

E. Violation of the pretreatment standards in Chapter 16.04 of this title.

(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)