Santa Maria Municipal Code Art. 14 Enforcement

A user's discharge due to an upset, as described by Title 40, Section 403.16 of the Code of Federal Regulations, is an affirmative defense to noncompliance with this chapter. "Upset" does not include noncompliance caused by operational error, improperly designed or inadequate treatment facilities, lack of preventive maintenance or careless or improper operation.

(Ord. 90-28 § 1, eff. 1/3/91)

In order that employees of Class III and Class IV users be informed of City requirements, these users shall make available to their employees copies of applicable portions of this chapter and together with such other wastewater information and notices which may be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of discharge in violation of this chapter.

(Prior Code § 2056(A)(2); Ord. 83-1054 § 1, eff. 6/16/83)

Any direct or indirect connection or entry point of persistent and/or deleterious wastes to the user's plumbing or drainage system shall be eliminated.

(Prior Code § 20-56(A)(3); Ord. 83-1054 § 1, eff. 6/16/83)

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

(a) Comply forthwith;

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

(c) Take appropriate remedial or preventive action.

(Prior Code § 20-56(B); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05)

When the City finds that a discharge of wastewater has been taking 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 any permit, the City will 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.

(Prior Code § 20-56(C); Ord. 83-1054 § 1, eff. 6/16/83)

(a) Any user, permit applicant of permit holder affected by any decision, action or determination, including cease and desist orders made by the City, interpretation or implementation of the provisions of this Chapter or any permit issued in this Chapter, may file with the Director of Utilities a written request for reconsideration within 10 days of such action, or determination, setting forth in detail the facts supporting the user's request for reconsideration and shall put up bond in the amount of $250. The Director of Utilities shall respond within 30 days.

(b) If the ruling made by the Director of Utilities is unsatisfactory to the person requesting reconsideration, he may within 10 days after notification of such action, file a written appeal to the City Manager The written appeal shall be heard by the City Manager within 30 days from the date of filing. The determination of the City Manager is final. The City's decision, action or determination shall remain in effect during such period of reconsideration and should City Manager find for the City, the $250 bond is forfeit. The action of the City Manager shall be final.

(Prior Code § 20-56(D); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05; Ord. 2023-02 § 11, eff. 6/1/23)

Discharges of wastewater in any manner in violation of this chapter or of any order issued by the Director of Utilities as authorized by this chapter, is declared a public nuisance and shall be corrected or abated as directed by the City. Any person creating a public nuisance is guilty of a misdemeanor.

(Prior Code § 20-57(A); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05)

When a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the Director of Utilities may petition the Superior Court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.

(Prior Code § 20-57(B); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 2005-01, eff. 3/3/05)

When a discharge of wastes causes an obstruction, damage or any other impairment to City facilities, 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 charges and fees.

(Prior Code § 20-57(C); Ord. 83-1054 § 1, eff. 6/16/83)

In order to enforce the provisions of this chapter, the City may correct any violation of it. The cost of such correction may be added to any charges and fees payable by the person violating this chapter or the owner or tenant of the property upon which the violation occurred, and the City shall have such remedies for the collection of such costs as it has for the collection of charges and fees. The City may also petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this chapter.

(Prior Code § 20-57(D); Ord. 83-1054 § 1, eff. 6/16/83)

(a) Any person who violates any provision of this chapter, requirements or conditions set forth in permits duly issued, or who discharges wastewater which causes pollution, or violates any cease and desist order, prohibition, eminent limitation, discharge limitation, national standard of performance, pretreatment or toxicity, is liable civilly to liabilities imposed by the City against which the violation occurs. The civil liability may be in a sum of not to exceed $6,000 for each day in which such violation occurs.

(b) The City may petition the Superior Court to impose, assess and recover such sums. In determining such amount, the court shall take into consideration all relevant circumstances, including but not limited to the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and corrective action, if any.

(Prior Code § 20-57(E); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-28 § 1, eff. 1/3/91)

Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the City or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, is in violation of this chapter and subject to the civil liabilities imposed under Sections 8-12.1307 through 8-12.1313.

(Prior Code § 20-57(F); Ord. 83-1054 § 1, eff. 6/16/83)

(a) The Director of Utilities may revoke any permit, or terminate or cause to be terminated wastewater service to any user if a violation of any provisions 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 service for delinquency in payment.

(b) Before or after termination of service the Director of Utilities shall notify in writing, the owner and tenant, if any, of such property that service is intended to be so terminated. Such notice shall be mailed to the owner at the address shown on the records of the assessor of the county, or as otherwise known, and a copy shall be delivered to the tenant or posted conspicuously on the property. The notice shall state the date of proposed termination of service and the reasons therefor. Users may then file appeals as outlined in this chapter.

(c) Notwithstanding any contrary language in subsections (a) and (b) of this section, the Director of Utilities may terminate service to a user immediately upon informal advance notice, where necessary to effectively halt or prevent a discharge of pollutants into a community sewer which discharge reasonably appears to present an imminent endangerment to the health or welfare of persons.

(Prior Code § 20-57(G); Ord. 83-1054 § 1, eff. 6/16/83; Ord. 90-28 § 1, eff. 1/3/91; Ord. 2005-01, eff. 3/3/05)