Sonoma County Municipal Code § 24-54 Abatement

The provisions of this article may be utilized to enforce Article III or Article IV of this chapter.

As utilized in this article, "department" means the permit resources management department or the department of health services, "director" means the director of the permit resources management department or the director of environmental health, and "hearing officer" means an individual appointed by the county pursuant to Sections 2-33.1 through 2-33.5 to preside over an administrative hearing.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) Prohibitions on discharges. No person within the unincorporated area of the county shall discharge or cause a discharge, directly or indirectly, to a community sewer, a storm drain, a natural outlet, or surface waters, which causes, threatens to cause, or is capable of causing either alone or by interaction with other substances:

(1) a nuisance;

(2) a detrimental environmental impact or a nuisance in the waters of the state, or a threat to public health or safety;

(b) Other governmental agency jurisdictions. Nothing contained in this section shall be construed to limit any additional requirements that may be imposed by the health officer, by the regional water quality control board, by a sanitary agency with jurisdiction, or by other governmental agencies having jurisdiction.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) When the department finds that a discharge has taken place, in violation of Article 3 or Article 4 of this chapter, the director may issue an order to cease and desist, and direct those persons not complying with such prohibitions, limits, requirements, or provisions, to:

(1) Comply forthwith;

(2) Comply in accordance with a time schedule set forth by the department; or

(3) Take appropriate remedial or preventive action in the event of a threatened violation.

Violation of an order issued pursuant to this subsection (a) is a violation of this chapter.

(b) Any person affected by an action under this section, may file with the director a written request for reconsideration within ten (10) days of such action, setting forth in detail all of the facts and legal contentions that support the request for reconsideration. Failure to request reconsideration based on an objection waives the objection.

(c) If the decision of the director is unsatisfactory to the person requesting reconsideration, the dissatisfied person may, within twenty (20) days after notification of the decision, file a written appeal with the department. The written appeal shall be heard by a Hearing Officer utilizing the procedures in Section 1-7.3, subsections (h) and (i). Failure to file an appeal waives any objection to the action. The director's decision shall remain in effect pending the appeal.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) Public Nuisance. Discharges of wastewater in any manner that is in violation of Article 3 or Article 4 of this chapter is a public nuisance. Any person creating a public nuisance under Article 3 or Article 4 is guilty of a misdemeanor.

(b) Injunction. Whenever a discharge is in violation of Article 3 or Article 4, the department 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.

(c) Civil Penalties. Any person who violates Article 3 or Article 4, or who discharges wastewater which causes pollution, or who violates any cease and desist order issued under this article, is liable for a civil penalty not to exceed six thousand dollars ($6,000.00) for each day in which such violation occurs. The county may petition the superior court to impose, assess, and recover any penalty assessed pursuant to this provision.

(d) Falsifying of Information. Any person who knowingly makes any false statements, representation, record, report, plan, or other document filed with the department with respect to Article 3 or Article 4 may be assessed a fine of not more than ten thousand dollars ($10,000.00). Violation of this subsection is a misdemeanor.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)

(a) No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenances thereof without first obtaining written authorization from the sewer agency with jurisdiction.

(b) All construction of public sanitary sewers, of sewers to become public sanitary sewers, or of lateral service connection sewers shall conform to the design criteria, the standard plans, and specifications and the inspection and testing for sanitary sewers in accordance with the standards of the sewer agency with jurisdiction.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)