Tracy Municipal Code Art. 5 Enforcement

(a) The City may immediately, without prior written notification, suspend sewerage service of an FSE and property owner when such suspension is necessary, in order to stop an actual or imminently threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or cause the City to violate any State or federal law or regulation.

(b) Any person notified of a suspension or termination of wastewater service shall immediately stop or eliminate all discharges to the public sewer. In the event of a failure of the person to comply voluntarily with the suspension or termination order, the Director shall take such steps as he or she deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the environment, collection system and/or the regional wastewater control facility. The Director may reinstate the wastewater service only upon proof that the circumstance that caused the suspension or termination of wastewater service has been adequately addressed and the circumstance no longer presents a danger to the environment or to the City's wastewater system.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

(a) In accordance with the procedures and limitations provided in subsection (b) of section 5.26.230, the Director may suspend and/or terminate wastewater service to an FSE and property owner when the Director determines that the FSE has failed to comply with the requirements of this chapter, with respect to any of the following particulars.

(1) Failed to comply with the terms and conditions of a compliance schedule order;

(2) Knowingly provided a false statement, representation, record, report, or other document to the City and/or the Director;

(3) Refused to provide records, reports, plans, or other documents required by the City and/or the Director to determine compliance with this chapter;

(4) Falsified, tampered with or knowingly rendered inaccurate any monitoring device or sample collection method;

(5) Refused reasonable access to the FSE for the purpose of inspection and monitoring;

(6) Failed to make timely payment of all amounts owed to the City imposed pursuant to this chapter;

(7) Discharged FOG that caused an obstruction or sewer blockage in the public sewer or an SSO;

(8) Violated grease interceptor maintenance requirements or any provision of this chapter pertaining to maintenance and operation of any grease interceptor or grease control device;

(9) Failed to report significant changes in operations, or wastewater constituents and characteristics.

(b) For the purpose of making the determination of noncompliance pursuant to subsection a of this section, the Director may rely upon any evidence or information available and may gather other necessary information as needed through imposition of reasonable sampling and inspection requirements conducted at a time, location, manner, and frequency determined at the reasonable discretion of the Director. The inspections may include, but are not limited to, inspection of the grease control device, grease interceptor and associated manifests and documentation, or analysis of a grab or composite sample of the wastewater discharged from the FSE.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

(a) Upon determination that a FSE is in noncompliance with the terms and conditions specified in any provision of this chapter, or needs to construct and/or acquire and install a grease control device or grease interceptor, the Director may require the FSE to enter into a compliance time schedule on terms and conditions specified by the Director.

(b) The compliance time schedule may contain terms and conditions including, but not limited to, requirements for installation of a grease control device, submittal of drawings or reports, audit of waste hauling records, BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with this chapter.

(c) If compliance is not achieved in accordance with the terms and conditions of a compliance time schedule during its term, the Director may issue an order suspending or terminating wastewater service pursuant to section 5.26.240 of this chapter.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

Any FSE or property owner in violation of this chapter, or the rules and regulations issued under this chapter, or who discharges or causes the discharge of prohibited wastewaters which cause damages to the City's facility, detrimental effects on treatment processes, or other damages resulting in costs to the City shall be liable to the City for all damages occasioned thereby. Any violation of this chapter is considered a public nuisance.

(a) Injunction. Whenever a violation of the provisions of this chapter or a Federal or State pretreatment standard or requirement occurs, the City may, in addition to any other action provided herein, 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 violation.

(b) Civil Penalties. Any person who violates any provision of this chapter or who violates any cease and desist order, prohibition or effluent limitation, may be liable civilly for a minimum penalty of one thousand and no/100ths ($1,000.00) dollars per day for each day such violation occurs. The City Attorney, at their discretion, shall petition the Superior Court to impose, assess and recover such penalties.

(c) Criminal Penalties. Violations of this chapter may be charged as infractions or misdemeanors, at the discretion of the City Attorney, in accordance with section 1.04.030.

(d) To remedy violations of this chapter, the Director is authorized to issue notices of violation, administrative citations and impose administrative civil penalties pursuant to chapter 1.04 of this Code.

(e) The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

The City costs incurred by reason of appeals by a FSE or property owner, which result in additional sampling and study, will be charged directly to the FSE or property owner.

Any FSE or property owner affected by any decision, action or determination made by the Director interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Director written request for reconsideration within ten (10) days setting forth in detail the facts supporting the user's request for reconsideration. Such facts must include a statement listing newly discovered relevant facts that were not known or available to the user at the date of the hearing. The Director shall render a decision on the request for reconsideration to the user, permit applicant or permit holder in writing within fifteen (15) days of receipt of request. If the ruling on the request for reconsideration made by the Director is unacceptable, or if there is no request for reconsideration and the original ruling is unacceptable, the person requesting reconsideration may file an appeal to the City Manager under section 1.12.010.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)