Simi Valley Municipal Code Art. 9 Enforcement

The Director shall be responsible to administer, implement, and enforce all the provisions of this chapter. Any violation of this chapter shall constitute a public nuisance.

The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's Enforcement Response Plan.

(§ 1, Ord. 1170, eff. April 21, 2011)

(a) If any permit conditions or requirements are violated or the effluent of the waste hauler is found by the analysis to be in excess of the concentrations specified in this chapter or the waste hauler's permit and it is from a septic tank, cesspool, or chemical toilet, the following shall apply:

(1) First violation, the waste hauler will be issued a written notice of violation and must identify, in writing, the source(s) of the discharge.

(2) Second violation, the Director may suspend the waste hauler's disposal privileges for up to ten (10) business days and the waste hauler must identify, in writing, the source(s) of the discharge.

(3) Third violation, the waste hauler shall pay a non-compliance fee as specified in the City's Fee Schedule and the Director may suspend the Waste hauler's disposal privileges for a minimum of ten (10) business days but not more than thirty (30) business days.

(4) Fourth violation, the permit may be revoked.

(b) For those waste haulers discharging liquids from industrial, commercial, or other sources, the following shall apply:

(1) First violation, the waste hauler will be issued a written notice of violation and pay a non-compliance fee as specified in the City's Fee Schedule.

(2) Second violation, the waste hauler will be issued a written notice of violation and pay a non-compliance fee as specified in the City's Fee Schedule. The Director may suspend the waste hauler's disposal privileges for a minimum of ten (10) business days but not more than thirty (30) business days.

(3) Third violation, the Director may revoke the waste hauler's permit.

(§ 1, Ord. 1170, eff. April 21, 2011)

Upon discovery by the Director of non-compliance with any permit requirement, an initial notice of violation (INOV) or notice of violation (NOV) shall be issued to the user. The violation notice must indicate the nature of the non-compliance, the required actions to comply, and the time frames in which compliance must be reached. The INOV may be issued for the first minor violation of a user. The NOV will be issued for subsequent violations, violations that are of a more serious nature, or where the user has had repeated violations. Notification does not preclude the Director from taking any other enforcement action authorized by this chapter.

(a) First violation. The Director may issue an initial notice of violation.

(b) Second and subsequent violations. A user will be issued a NOV for a second and any subsequent violations within a 12-month period and may be punishable by the enforcement actions set forth in this chapter and a fine or penalty in an amount set forth by resolution adopted by the City. In determining the appropriate level of enforcement action the Director shall take additional factors into consideration. These factors shall include the magnitude of the violation, duration of the violation, effect of the violation on the receiving waters, or the POTW and/or its collection systems and worker health and safety, compliance history of the user, and good faith of the user in its compliance efforts.

(c) Upon notification of the violation, immediate action must be implemented by the user to abate discharge violations. Temporary measures must be instituted while permanent measures are designed and constructed. This may require discontinuance of the discharge to the sewer and temporary storage or alternate disposal of the wastestream until permanent measures are instituted.

(d) All instances of non-compliance must be permanently corrected within thirty (30) days unless an approved compliance schedule is in effect.

(e) In all instances of non-compliance, upon notification of the violation by the Director, it shall be the responsibility of the user to demonstrate compliance to the Director.

(f) Non-compliance with discharge requirements of the user's permit may be determined by an analysis of a grab or composite sample of the effluent of a user for any pollutant or condition specified in the user's permit or this chapter.

(1) Federal Categorical Standards.

(i) Composite sampling shall be used to determine non-compliance with Federal Categorical Pretreatment Standards, except where a grab sample is required by Federal regulations.

(ii) Grab sampling may be used whenever collecting a composite sample is determined to be infeasible by the Director.

(2) Local Limits.

(i) Grab sampling may be utilized at any time to determine compliance with local limits or whenever an approved sampling station or well is not available for the City's use. Any local limit compliance or non-compliance may be determined through a grab sample.

(g) A subsequent sample will be taken within thirty (30) days after notification, which will also be subject to non-compliance fees if found to be non-compliant. If the second sample reveals non-compliance, the Director may proceed with one or more of the following:

(1) Require the user to attend a compliance meeting to consider alternatives and solutions;

(2) Issue a compliance schedule;

(3) Enter into a consent agreement;

(4) Issue a cease and desist order;

(5) Issue a compliance order;

(6) Order a show cause hearing;

(7) Suspension or revocation of the permit; and

(8) Commencement of any other enforcement action authorized by this chapter.

(h) The payment of non-compliance fees shall not bar the City from undertaking any enforcement actions authorized in this chapter nor waive the requirement for the user to comply with all federal, state, or local pretreatment standards.

(§ 1, Ord. 1170, eff. April 21, 2011)

The Director may issue a compliance schedule in the user's permit, or amend the permit by a compliance order to include a compliance schedule at any time, whenever it is determined that the user requires installation of new or modified pretreatment equipment. A compliance schedule may also be issued for developing waste management practices, slug discharge control plans, solvent management plans, or other related plans.

(§ 1, Ord. 1170, eff. April 21, 2011)

The Director may enter into a consent agreement, assurances of compliance, or other similar documents establishing an agreement with the user responsible for the non-compliance. Such documents must include specific actions to be taken by the user to correct the non-compliance within a time period also specified by the agreement. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 6-13.906 and 6-13.907 of this chapter and shall be judicially enforceable.

(§ 1, Ord. 1170, eff. April 21, 2011)

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a permit, agreement, or order issued hereunder, or any other pretreatment standard or pretreatment requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or pretreatment requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

(§ 1, Ord. 1170, eff. April 21, 2011)

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a permit, agreement, or order issued hereunder, or any other pretreatment standard or pretreatment requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(a) Immediately comply with all requirements; and

(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(§ 1, Ord. 1170, eff. April 21, 2011)

The Director may order a user which has violated, or continues to violate, any provision of this chapter, a permit, agreement, or order issued hereunder, or any other pretreatment standard or pretreatment requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice must be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user.

(§ 1, Ord. 1170, eff. April 21, 2011)

(a) Any user notified of a suspension order of its discharge must immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving waters, or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 6-13.910 of this chapter are initiated against the user.

(b) The Director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension order 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 Director may also immediately suspend a user's discharge that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(c) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment must submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination of discharge hearing under Sections 6-13.908 or 6-13.910 of this chapter.

(d) Nothing in this chapter shall be interpreted as requiring a hearing prior to any emergency suspension order under this section.

(§ 1, Ord. 1170, eff. April 21, 2011)

In addition to the provisions in Section 6-13.613 of this chapter, any user who violates any of the following conditions is subject to termination of discharge:

(a) Violation of permit conditions;

(b) Failure to accurately report the wastewater pollutants and characteristics of its discharge;

(c) Failure to report significant changes in operations or wastewater volume, pollutants, and characteristics prior to discharge;

(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(e) Violation of the pretreatment standards in this chapter.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 6-13.908 of this chapter why the proposed action should not be taken.

(§ 1, Ord. 1170, eff. April 21, 2011)

When the Director finds that a user has violated, or continues to violate, any provision of this chapter, a permit, agreement, or order issued hereunder, or any other pretreatment standard or pretreatment requirement, the City may seek the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the permit, order, agreement, or other requirement imposed by this chapter on activities of the user. The City may also seek such other action as is appropriate for legal 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.

(§ 1, Ord. 1170, eff. April 21, 2011)

(a) Whenever the Director finds that any person has violated any of the provisions of this chapter or any permit condition or limitation of any permit issued pursuant to this chapter, the Director is empowered to assess administrative liabilities of not less than One Thousand and No/100ths ($1,000.00) Dollars and not more than Ten Thousand Dollars and No/100ths ($10,000.00) Dollars per day for each day during which the violation continues. Such liabilities shall be assessed on a per violation, per day basis.

(b) After thirty (30) calendar days of nonpayment of fees or fines, a lien against the user or property owner's property shall be sought for unpaid charges, fines, and penalties.

(c) Users desiring to dispute such liabilities must file a written request for the Director to reconsider the liability along with full payment of the liability amount within ten (10) days of being notified of the liability. The Director may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the administrative liability.

(§ 1, Ord. 1170, eff. April 21, 2011)

(a) A user who has violated, or continues to violate, any provision of this chapter, a permit, agreement, or order issued hereunder, or any other pretreatment standard or pretreatment requirement shall be liable to the city for a maximum civil penalty of One Thousand and No/100ths ($1,000.00) Dollars per violation, per day.

(b) 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) In determining the amount of civil penalty, 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 by the user, the compliance history of the user.

(§ 1, Ord. 1170, eff. April 21, 2011)

(a) A user who violates any provision of this chapter, a permit, agreement, or order issued hereunder, or any other pretreatment standard or pretreatment requirement shall be guilty of a misdemeanor or an infraction.

(b) A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(c) A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, permit, agreement, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this chapter shall be guilty of a misdemeanor.

(§ 1, Ord. 1170, eff. April 21, 2011)

The remedies provided for in this chapter are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Further, the Director is empowered to take more than one enforcement action against any noncompliant user.

(§ 1, Ord. 1170, eff. April 21, 2011)