Scotts Valley Municipal Code Art. VI Enforcement

A. Responsibility. The responsibility for enforcement of the provisions of this regulation shall be vested in the manager; provided, however, that the manager shall be, and is hereby, authorized and empowered to delegate his authority hereunder to such officers, employees, or agents of the city as he shall designate. All actual prosecutions for violations of any of the provisions of this ordinance (including, without limitation, levying of fines, termination of service, revocation of permits, and civil and criminal court actions) shall be the exclusive responsibility of the city.

B. Inspection Authority. The manager and other duly authorized employees and agents of the city bearing credentials and identification shall in all cases affected by this section, be permitted to enter at all reasonable hours upon all parts of any premises connected to the sanitary sewer system for the purpose of:

1. Determining the size, depth, location, and condition of any sewer or storm drain connection;

2. Determining the location of discharge connections of root and surface drains and plumbing fixtures;

3. Inspecting, observing, measuring, sampling, and testing the quality, consistency and characteristics of discharges into any sanitary sewer main, storm drain or natural outlet;

4. Inspecting and copying any records relating to quantity and quality of wastewater discharges, including but not limited to:

a. Water usage and wastewater discharged,

b. Chemical usage, and

c. Hazardous waste records.

C. Citation Authority. The manager, or his duly authorized appointee, is hereby designated code enforcement officer, as defined by Chapter 2.14 of this code, for the purposes of enforcing this chapter, or any permit issued pursuant to this chapter.

(Ord. 79.18 § II.A (part), 1993)

A. Notice of Violation. Upon a determination by the manager that a discharge has occurred in violation of any provision of this chapter, or of any provision of any permit issued pursuant to this chapter, the manager shall issue a written notice of violation stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for the satisfactory correction thereof.

B. Administrative Penalties. Any person violating, or causing the violation, of any provision of this chapter, or of any permit issued pursuant to this chapter, shall be subject to administrative penalties. Pursuant to 40 CFR 403.8(f)(5), the city will annually publish a list of firms found to be in significant noncompliance with the pretreatment program.

C. Administrative Orders.

1. Cease and Desist Order. Upon a determination by the manager that a discharge is causing pass-through or interference with the treatment process, or is causing, or threatens to cause, imminent damage to any part of the sanitary sewer system or a health threat to city workers or to the public, the manager may issue an order to cease and desist such illegal discharges, or all discharges, by a time and date specified in writing.

2. Compliance Order. Upon a determination by the manager that a user is in recurrent violation of any provision of this chapter for which a notice of violation has previously been issued, the manager may issue an order requiring the user to:

a. Comply with the provisions of this chapter, or the provisions of any permit issued pursuant to this chapter, in accordance with a time schedule established by the manager;

b. Take specific remedial or preventative actions;

c. Report the progress in achieving compliance with each specific action.

3. Show Cause Order.

a. If a violation for which a notice of violation and a compliance order have been issued is not corrected by timely compliance, the manager may order any person who causes or allows an unauthorized discharge to show cause before the Director of Public Works why an order should not be made directing the termination of service and imposing penalties for the noncompliance. The notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.

b. The Director of Public Works or his designee shall:

i. Issue notices of hearings requesting the attendance and testimony of witnesses in the production of evidence relevant to any matter involved in such hearings.

ii. Conduct the hearing.

iii. Take evidence. Testimony must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public upon payment of the usual charges therefor.

iv. After suitable deliberation not to exceed five working days, issue an order to the party responsible for the discharge directing one or more of the following:

(A) That a consent order be entered into;

(B) That the violator pay a penalty up to the maximum allowed for under Section 13.04.190(D);

(C) That service be terminated.

4. Consent Order. The manager may enter into an agreement with a user as a means of bringing discharges in violation of this chapter into compliance. The order shall have, at minimum, the following elements:

a. Findings of fact regarding the violation,

b. Compliance schedules,

c. Remedial actions,

d. Stipulated fines,

e. Signatures of the manager and of the user.

D. Emergency Corrections. In the event of imminent harm to the public, to city employees, or to any part of the sanitary sewer system, the manager may enter private property to perform emergency corrections, including disconnection of service.

E. Responsibility for Damages.

1. In the event damages are caused to the sanitary sewer system by reason of wastewater discharge from any premises, or in the event repairs, construction, disconnection, or other public work is performed upon any premises pursuant to subsection D of this section, the owner of the said premises shall be liable to the city for the full costs thereof.

2. If the owner shall fail to pay the full amount of such damages within thirty days of billing, the unpaid amount thereof and the administrative expenses incurred by the city incident to such damages shall constitute a lien upon the premises, and the amount shall be added to the next succeeding tax bill against such property, and shall be collectable in the same manner as general city taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency.

3. In the event damages are caused to the sanitary sewer system pursuant to Section 13.04.065, the person(s) responsible for the damages shall be liable to the city for the full costs of repair thereof.

(Ord. 79.18 § II.A (part), 1993)

A. Any user who violates the following conditions of his/her permit or of this chapter, or of applicable state and federal regulations, is subject to having his/her permit revoked. Violations subjecting a user to possible revocation of permit include, but are not limited to the following:

1. Failure to accurately report the wastewater constituents and characteristics of his/her discharge.

2. Failure to report, in advance, increases in the volume of wastewater discharged or the concentration of any pollutant discharged.

3. Failure to report, in advance, the introduction of a new pollutant into the wastewater discharged.

4. Refusal of access to the user's premises for the purpose of inspection or monitoring.

5. Violations of conditions of the permit.

6. Nonpayment of fees and charges.

7. Failure to report accidental discharges.

B. If the manager finds that grounds for revocation of a wastewater discharge permit exist, the manager shall deliver to the permit holder, within ten days of revocation, a written notice ordering the permit holder to show cause why the permit should not be revoked.

C. The permit holder may appeal the revocation to the manager in writing within thirty days of the notice of revocation. The manager will give a minimum of ten days notice of a hearing, and state, in writing, the final decision.

D. If the holder of a revoked permit wishes a new permit, he/she must make a written application to the manager. The application must be accompanied by the appropriate permit application fee, and will be treated as a new application.

(Ord. 79.18 § II.A (part), 1993)

A. Misdemeanor. It shall be a misdemeanor for any person to violate, or cause the violation of, any provision of this chapter, or of any permit issued pursuant to this chapter, punishable by a fine of one thousand dollars or imprisonment in the county jail for a period of one month or both for each violation. Each day in which any such violation shall continue is deemed a separate offense.

B. Falsification of Information. It shall be a misdemeanor for any person knowingly to make any false statement, representation, record, report, plan or other document filed with the manager pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter, or who knowingly tampers with or otherwise renders inaccurate any monitoring device or equipment installed and operated pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter.

C. Public Nuisance. Any discharge or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any order or directive of the manager authorized by this chapter, shall be deemed unlawful and a public nuisance.

D. Civil Penalties. Any person who intentionally or negligently violates any provisions of this chapter, any provision of any permit issued pursuant to this chapter, or who intentionally or negligently discharges industrial waste or wastewater which causes pollution, or violates any effluent limitation, national standard of performance, or national pretreatment or toxicity standard, shall be civilly liable to the city in a sum up to one thousand dollars for the first day in which such violation occurs, up to six thousand dollars for the second day in which such violation and twenty-five thousand dollars for each additional day.

E. Remedies Cumulative. The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the city.

F. Appeals. Any user, permittee, applicant, or other person aggrieved by any decision, action, finding, determination, order or directive of the manager, made or authorized pursuant to the provisions of this chapter, or any permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the director of public works for reconsideration thereof within ten days of such decision, action, finding, determination, or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The director of public works shall render a final decision within ten days of the receipt of such request for reconsideration.

(Ord. 79.18 § II.A (part), 1993)