Santa Paula Municipal Code Part 9 Enforcement

Discharges of wastewater, in any manner, in violation of the provisions of this chapter or of any order issued by the director as authorized by this chapter are declared a public nuisance.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

In addition to any other provision of this code, the city may require compliance with permit conditions or limitations, or any provision of this chapter by issuing administrative orders pursuant to this chapter which orders are enforceable in a court or by direct court action.

(Ord. 1093, passed 2-17-04)

(A) Notice of violation. When the Director finds that a discharge to the city's sewer system has taken place in violation of the prohibitions, limitations, requirements or provisions of this chapter or its implementing regulations or the conditions of an industrial wastewater discharge permit, the Director must issue a notice of violation to the user. A notice of violation is official recognition of violation of the prohibitions, limitations, requirements and/or provisions of this chapter or conditions of an industrial wastewater discharge permit.

(B) Cease and desist orders. When the Director finds that after the issuance of a notice of violation a discharge of wastewater has taken place in violation of the prohibitions, limitations, requirements or provisions of this chapter or the conditions of an industrial wastewater discharge permit or upon a plan approval related thereto the Director may issue a cease and desist order and direct that those persons:

(1) Comply immediately; or

(2) Comply in accordance with a compliance schedule as set forth by the Director.

(C) Termination of service order. The Director may revoke any industrial user's industrial waste-water discharge permit or terminate wastewater service to any premise if any discharge of pollutants presents, or may present an endangerment to the environment or the city's operation of its sewer system. Twenty-four hours before taking any action to terminate wastewater service, the user must receive written notification of the proposed termination and the opportunity to respond to the notice. Should services be terminated, all costs for terminating service and for reinstating service must be paid by the user before any reconnection is made. See 40 CFR § 403.8(f)(1)(vi)(b).

(D) Emergency noncompliance authority. The Director has the authority to take necessary measures (informal notice may suffice) to immediately and effectively halt or prevent any discharge of materials to the city's sewer system which reasonably appears to present an imminent danger to the city's sewer system, city personnel or the health, safety and/or welfare of the public (40 CFR § 403.8(f)(1)(vi)(b)).

(Ord. 1093, passed 2-17-04)

(A) If the Director finds that any person has discharged any wastes or wastewater into the city's sewer system in violation of the provisions of this chapter, or of the user's industrial wastewater discharge permit, and that the discharge caused increased operating costs or diminished the efficiency of the treatment process, the Director must estimate the value of the damage and add that sum to that person's next regular sewer service billing. The items the Director must consider must include, but not be limited to, the following:

(1) The cost of repairs to the city's sewer system;

(2) The depreciation of the system due to damages not repaired;

(3) The extra operating costs;

(4) The value of the loss of wastewater treatment plant operating efficiency based upon the city's normal operating costs and the extent to which the performance of the plant was reduced below normal as a result of such improper discharge to the sewer.

(B) All charges made pursuant to this section are due and payable upon receipt of notice thereof. All such charges must become delinquent ten days after mailing notice thereof to the mailing address of the discharger subject to the charges. This remedy is nonexclusive and may be asserted in addition to any other remedy available to the city under law.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

Any person who knowingly makes any false statements, representation, or certify in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or industrial wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is guilty of a misdemeanor.

(Ord. 1093, passed 2-17-04) Penalty, see § 51.999

Any person violating any provision of this chapter for which no other penalty is provided shall be punished according to Chapter 13 of this code.

(Ord. 1093, passed 2-17-04)