Article V — ENFORCEMENT

The primary responsibility for enforcement of the provisions of this chapter shall be vested in the Director or such agents of the City as he/she shall designate; and provided further, that field inspectors or other employees of the City are hereby authorized to act as agents of the City or of the sewage treatment plant for and on behalf of the Director, with the power to inspect and issue notices for violations of this chapter. (Ord. 1901 § 2, 11-27-2012)

No industrial user shall discharge, cause, allow, or permit a discharge into the sanitary sewer system in violation of any Federal or State regulation regulating discharges by such users, including, but not limited to, the Federal pretreatment regulations found in Title 40 CFR. (Ord. 1901 § 2, 11-27-2012)

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this chapter, or any provision of any permit issued pursuant to this chapter, or any directive or order of the Director authorized by this chapter or applicable law is hereby declared to be a public nuisance. Such nuisance may be abated, removed, or enjoined and damages assessed therefor, in any manner provided by law. (Ord. 1901 § 2, 11-27-2012)

• (a) It shall be unlawful to make any false statement, representation, record, report, plan, or other document; to tamper with or render inaccurate any monitoring device or equipment; or to divert flow from any monitoring device or equipment installed or operated to further the purpose of this chapter or the purpose of any permit issued under this chapter.

• (b) In addition to any other punishment or remedy provided by law, any such falsification or tampering shall be grounds for revocation of any permit issued under this chapter.

• (Ord. 1901 § 2, 11-27-2012)

• (a) The Director and other duly authorized employees and agents of the City bearing credentials and identification shall have the right to access upon all properties for the purpose of investigating compliance, with all the requirements of this Code, State and Federal regulations, and any permit, and for inspecting any sewer or storm drain connection, including, but not limited to, all discharge connections of roof and surface drains and plumbing fixtures; inspecting, observing, measuring, photographing, sampling, and testing the quality, consistency, and characteristics of sewage and industrial wastewaters being discharged into any public sewer or natural outlet; and inspecting and copying any records relating to quantity and quality of wastewater discharges, including, but not limited to, water usage and effluent discharge, chemical usage, and hazardous waste records.

• (b) It shall be unlawful to unreasonably obstruct, delay, or interfere with the City's access to the owner's and/or operator's premises.

• (c) The Director may terminate service or revoke the permit of any person who has unreasonably refused or delayed access to the City.

• (Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 23, 1-11-2022)

• (a) Dischargers are subject to the reporting requirements as contained in Title 40 CFR. The Director may require that any person connected to or discharging wastewater into the sanitary sewer system file additional periodic discharge reports or a zero discharge report, including, but not limited to, the requirements contained in 40 CFR Section 403.12 , or other applicable Federal regulation.

• (b) The periodic discharge report may be required to include, but need not be limited to, nature of process, volume, rates of flow, mass emission rate, hours of operation, number of employees, hauling record, potential slug discharge, or other information which relates to the generation of

waste, including wastewater constituents and characteristics in the wastewater discharge and the ability of the discharger to meet applicable discharge limits.

• (c) The zero discharge report shall certify that the zero discharge user does not discharge any process water to the sanitary sewer system, or, for a zero discharge categorical user, discharge any categorical process water or ancillary process water to the designated zero discharge categorical sample point or into the sanitary sewer system. This report may be required to include, but need not be limited to, the nature of the process, hours of operation, number of employees, hauling records, or other information that relates to the generation of wastes.

• (d) The Director may also require such periodic discharge reports and zero discharge reports to include information concerning the chemical constituents and quantity of chemicals stored on site, including waste hauling records or other information, which relates to the generation of wastes even though they may not normally be discharged.

• (e) In addition to discharge reports, the Director may require dischargers to submit such additional reports as may be necessary to allow the City to evaluate the discharger's ability to comply with this chapter, including but not limited to best management practice or self-monitoring reports.

• (f) It shall be unlawful for any person who has discharged wastewater to the sanitary sewer system to refuse to file any report requested by the Director, to file an incomplete or inaccurate report, or to file any report after the application due date specified by the Director.

• (g) Sampling and analysis shall be performed in accordance with Federal regulations including 40 CFR Section 403.12 and amendments thereto. Where Federal regulations do not contain sampling or analytical methods for the pollutant in question, or where the Director determines that Federal regulations are inappropriate for the pollutant in question, sampling and analysis shall be performed by using analytical methods validated by the Director.

• (Ord. 1901 § 2, 11-27-2012; Ord. 1920 § 4, 2-25-2014; Ord. 2039 § 24, 1-11-2022)

The following circumstances may be raised as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards:

• (a) The industrial user can demonstrate through properly signed, contemporaneous operating logs, or other relevant evidence that:

  • (1) The industrial user can identify the cause(s) of the upset;

  • (2) When the upset occurred, the facility was being operated in a prudent and workman-like manner, and in compliance with applicable operation and maintenance procedures;

  • (3) The industrial user has submitted the following information to the plant:

    • (A) A description of the discharge to the plant and the cause of the noncompliance;

    • (B) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

    • (C) Steps being taken and/or planned to be taken to reduce, eliminate and prevent recurrence of the noncompliance.

  • (4) The industrial user shall report the information specified in subsection (a)(3) of this section to the Director within twenty-four (24) hours of becoming aware of the upset, and provide written notice within five days of becoming aware of the upset.

• (b) The industrial user seeking to establish the occurrence of an upset as an affirmative defense shall have the burden of proof.

• (c) The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement under this section applies even in a situation where the primary source of power of the treatment facility is reduced, lost, or fails.

• (Ord. 1920 § 4, 2-25-2014)

• (a) The Director may revoke any wastewater discharge permit, and/or terminate, or cause to be terminated, wastewater service to any premises:

  • (1) If a discharge of wastewater from the premises causes or threatens to cause a violation of any provision of this chapter or applicable local, State, or Federal regulations;

  • (2) If a discharge of wastewater from the premises causes or threatens to cause a condition of contamination, pollution, or nuisance; or

  • (3) If a permittee violates any provision of this chapter or applicable local, State or Federal regulations or permit condition.

• (b) This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment.

• (Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 25, 1-11-2022)

Wastewater discharge permits may be revoked if a permittee violates any provision of this chapter or applicable local, State, or Federal regulations or permit conditions or for one or more material violations of this chapter, including but not limited to:

• (a) Failure to notify the City of changes to the user's operations or systems as described in the wastewater discharge permit application;

• (b) Misrepresentation of or failure to fully disclose all relevant facts in the wastewater discharge permit application;

• (c) Falsifying self-monitoring reports;

• (d) Tampering with monitoring facilities or equipment;

• (e) Refusing to allow the City timely access to the facility premises and records;

• (f) Failure to meet the prohibitions on discharge according to applicable State, Federal and local law;

• (g) Failure to meet compliance time schedules or any wastewater discharge permit conditions or requirements;

• (h) Failure to pay fines and/or penalties;

• (i) Failure to pay sewer charges;

• (j) Failure to complete a wastewater discharge permit application or submit a discharge report;

(k) Violation of any pretreatment standard or requirement. (Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 26, 1-11-2022)

When the Director finds that a discharge of wastewater has taken place or is likely to take place in violation of this chapter or the provisions of any wastewater discharge permit, the Director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct those persons not complying with such prohibitions, limits, requirements, or provisions to:

• (a) Comply immediately; or

• (b) Comply in accordance with a time schedule; and/or

(c) Take appropriate remedial or preventative action. (Ord. 1901 § 2, 11-27-2012)

In the event cleanup, repairs, construction, or other work is performed on any premises pursuant to any provision of law relating to an emergency or that authorizes public work on private property to correct, eliminate or abate a condition that threatens to cause, causes, or has caused a violation of any provision of this chapter or the provisions of a wastewater discharge permit, the user or persons responsible for the occurrence or condition giving rise to such work and/or the owner and/or occupant of the premises shall be liable, jointly and severally, to the City for such public expenditures, and subject to all enforcement and administrative penalty provisions of this Code. (Ord. 1901 § 2, 11-27-2012)

• (a) Written notice of the permit revocation or service termination, and a statement of the grounds therefor, shall be delivered to the discharger. The notice shall be effective ten calendar days after it is served on the discharger unless the Director determines that immediate permit revocation or suspension of service is necessary for the preservation of public health or safety or for the protection of public or private property. If the Director determines that immediate permit revocation or suspension of service is necessary, the Director may act to revoke the permit or suspend service immediately after written notice is delivered to the discharger.

• (b) It shall be unlawful for any person to discharge any material into the sanitary sewer system from any premises for which the permit has been revoked or wastewater service has been suspended or terminated.

• (Ord. 1901 § 2, 11-27-2012)

• (a) No person shall discharge in violation of, or fail to comply with the requirements of, a discharge permit, or any other provision of this chapter, or other regulations, or discharge limitations

established by the City, or local, State and Federal laws and regulations. Each violation of the permit condition or other rule, regulation, or law, shall be a separate violation under this Code.

• (b) Pursuant to Chapters 1.05 and 1.10 SCCC, the City, in its prosecutorial discretion, may enforce violations of the provisions of this chapter as a criminal, civil, and/or administrative action. All penalties and citations pursuant to applicable law, including but not limited to Government Code Section 54740.5 and Chapters 1.05 and 1.10 SCCC, shall apply to violations of this chapter.

• (c) In addition to the provisions of Chapters 1.05 and 1.10 SCCC, and due to the significant potential harm caused to the environment by violation of provisions of this chapter, any person who intentionally, accidentally, or negligently violates any provisions of this chapter or any provision of any permit issued pursuant to this chapter, or who intentionally, accidentally, or negligently discharges waste or wastewater that causes pollution or violates any effluent limitation, standard of performance, or pretreatment or toxicity standard shall be civilly liable to the City in a sum up to ten thousand dollars ($10,000.00) for the first day in which such violation occurs, up to twenty-five thousand dollars ($25,000.00) for the second day in which such violation occurs, and fifty thousand dollars ($50,000.00) for each additional day. The City may petition a court of appropriate jurisdiction to impose, assess, and recover such sums. Funds collected pursuant to this section shall be paid to City's environmental compliance fee account.

• (d) Any assessed penalty shall be paid within ten days from the date of notice of such penalty. Interest shall accrue at the rate of the United States government T-Bills sold at the latest sale prior to the date of the delinquency plus three percent prorated per month or fraction thereof on the amount of penalty from the date of delinquency.

• (e) The amount of any penalties imposed under this chapter which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the violation occurred resulting in imposition of the penalty. The Director shall cause the amount of uncollected penalty to be recorded with the County Recorder, in accordance with Government Code Section 54740.5 .

• (f) The City may take enforcement action into immediate effect for any violation of this Code, including through escalation as set forth in the enforcement response plan. Nothing in this Code or the enforcement response plan requires escalation of enforcement and, instead, the City may take any action it deems necessary under the circumstances.

• (g) Any and all remedies for violations of this chapter are cumulative and not exclusive and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City's environmental compliance fee account.

• (Ord. 1901 § 2, 11-27-2012; Ord. 2039 § 27, 1-11-2022)

• (a) Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the Director, made or authorized pursuant to this chapter, or relating to any permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the Director for reconsideration thereof within ten days of such decision, action, finding, determination, order or directive. Such request for reconsideration must set forth in detail all supporting facts. No meeting or hearing shall be convened for such request for reconsideration. The Director shall render a final written decision within ten days of the receipt of such request.

• (b) Any user, permittee, applicant or other person aggrieved by any final determination of the Director may appeal such decision to the City Manager within ten days of the Director's final determination. Written notice of such appeal must be filed with the City Clerk within that ten-day

period, and shall set forth all supporting facts. The appeal shall be heard by the City Manager within thirty (30) days from the filing of the notice of appeal. The appellant, the Director, and such other persons as the Director and/or the City Manager may deem appropriate shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the City Manager may affirm, reverse or modify the final determination of the Director in furtherance of the provisions of this chapter. The City Manager's determination on the appeal shall be final.

• (c) Any decision, action, finding, determination, order or directive of the Director which is subject to a request for reconsideration or appeal shall remain in effect during the pendency of any request for reconsideration and/or appeal.

• (d) All monetary penalties shall be due and payable during the pendency of any request for reconsideration or appeal. If a determination is not affirmed and the penalty is modified, the Director shall cause any overpayment of penalty to be reimbursed to the payor within thirty (30) days of the final determination.

• (e) Any administrative citation issued for any violation shall be appealed pursuant to Chapters 1.05 and 1.10 SCCC.

• (Ord. 1901 § 2, 11-27-2012)

The Director is authorized to publish annually a list of the significant industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" is defined in 40 CFR Section 403.8 .

(Ord. 1901 § 2, 11-27-2012)

Repealed by Ord. 2039.

(Ord. 1920 § 5, 2-25-2014)