Tracy Municipal Code Art. 6 Enforcement, Non-Compliance Fees and Abatement

(a) The City Manager shall insure enforcement of this chapter by coordinating the actions of Finance Director and the Director of Utilities and any other City departments concerned with implementing and enforcing the City's Enforcement Response Plan. The Director of Utilities is hereby charged with the enforcement of all of the provisions of this chapter except where otherwise directed.

(b) The City can require compliance with the terms of this chapter by issuing administrative orders that are enforceable in a court of law or by directly seeking court action.

(Prior code § 5-6.601; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

If routine sampling reveals non-compliance by the discharger with the mass emission rates or conditions specified in the user's permit, then the user shall pay to the City non-compliance fees as specified in Schedule A of Tables I and II, and City laboratory fees as set by the Council resolution in effect at the time of non-compliance. The City may, however, impose a minimum fine of one thousand and no/100ths ($1,000.00) dollars per day for each violation of this chapter. The non-compliance fees shall be in addition to and not in lieu of said fines.

(a) Routine sampling shall be conducted in the time, place, manner and frequency determined at the sole discretion of the Director.

(b) The fees specified shall commence on the date the sampling is started and shall continue to accumulate for each day sampled.

(Prior code § 5-6.602.1; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(a) Grounds. In the event the Director determines that a permittee has discharged in violation of any provision of this chapter, or the terms, conditions and limitations of its discharge permit, or has not made payment of all amounts owed to the City for user charges, non-compliance fees or any other fees, the Director may issue a Probation Order, whereby the permittee must comply with all directives, conditions, and requirements therein within the time prescribed.

(b) Probation Order—Non-Compliance Charges. If at any time while a Probation Order is in effect, a permittee discharges effluent to the City's sewerage system which is not in compliance with the Probation Order, the terms, conditions or limitations specified in the permittee's discharge permit, or with any provision of the chapter, then the permittee shall pay fees to the City as specified in Schedule B of Tables I and II of the adopted non-compliance fees, and the permittee may be assessed all other costs incurred during the sampling, including labor, equipment, materials, overhead, and laboratory fees, in addition to the foregoing.

(c) Probation Order—Permit Suspension. If at any time while a Probation Order is in effect, a permittee discharges effluent to the City's sewerage system which is not in compliance with the Probation Order, the terms, conditions or limitations specified in the permittee's discharge permit, or with any provision of this chapter, the permittee shall be subject to permit suspension pursuant to the provisions of section 5.24.740 of this chapter.

(d) Probation Order—Expiration. A Probation Order issued by the Director shall be in effect for a period not to exceed ninety (90) days. Upon satisfactory compliance with the terms of the Probation Order and expiration thereof, any fees to be assessed due to subsequent non-compliance by Permittee shall be in accordance with Schedule A of Tables I and II of the adopted non-compliance fees.

(Prior code § 5-6.602.2; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(a) Grounds. Upon determination that an industrial user is in noncompliance with the terms, conditions or limitations specified in a permit or any provision of this chapter, and needs to construct and/or acquire and install equipment related to pretreatment, the Director may require the permittee to enter into an ECSA which will, upon the effective date of the ECSA, amend the permittee's permit. The ECSA shall contain the terms and conditions by which a permittee must operate during its term and shall provide specific dates for achieving compliance with each term and condition for construction and/or acquisition and installation of required equipment related to pretreatment.

An ECSA shall have a maximum term of 180 days, and upon showing of good cause, including but not limited to reasonable progress under the terms of the ECSA, it may be extended by the Director for an additional period of not to exceed 180 days.

(b) ECSA—Payment of Amounts Owed. An ECSA shall not be approved by the City until such time as all amounts owed to the City, including user fees, non-compliance fees, deposits or civil penalties are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the City.

(c) ECSA—Non-Compliance Charges. If, during the term of an ECSA, sampling reveals noncompliance by the permittee with the terms, conditions or limitations specified in the user's permit, or any provision of this chapter, the permittee shall pay the fees as specified in Schedule B of Tables I and II of the adopted non-compliance fees, and may be assessed all other costs incurred during the sampling, including labor, equipment, materials, and overhead.

(d) ECSA—Permit Suspension/Revocation. If compliance is not achieved in accordance with the terms and conditions of an ECSA during its term or after expiration, the Director may issue an order suspending or revoking the discharge permit pursuant to section 5.24.740 of this chapter.

(e) ECSA—Expiration. If, following the expiration of an ECSA, sampling reveals non-compliance by the permittee with the terms, conditions or limitations specified in the permit, or any provision of this chapter, the permittee shall pay fees as specified in Schedule B of Tables I and II of the adopted non-compliance fees. If the permittee remains in consistent compliance for a two (2) year period, then fees shall initially be established in accordance with Schedule A, Tables I and II.

(Prior code § 5-6.602.3; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

If Federal Categorical Pretreatment Standards are adopted or revised by the United States Environmental Protection Agency, or in the event the City enacts revised discharge limitations, the Director, upon determination that an industrial user would not be in compliance with the future limitations, shall require the industrial user to enter into a RCSA with the City under terms and conditions that would provide for achieving compliance with all new standards by the industrial user on a specific date.

During the period said RCSA is in effect, any discharge by permittee in violation of the RCSA will require payment of non-compliance fees in accordance with Schedule A of Tables I and II of the adopted non-compliance fee.

Upon RCSA expiration, or in the event of non-compliance by permittee, non-compliance fees shall initially be established in accordance with Schedule A of Tables I and II of the adopted non-compliance fees. Enforcement actions thereafter will be based on applicable provisions of this chapter.

(Prior code § 5-6.602.4; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

When the City determines that a user has discharged concentrated non-compatible pollutants to the sewerage system in a manner or method that is not approved by the City, non-compliance fees shall be assessed as set forth in Schedule C of Tables I and II of the adopted non-compliance fees. In addition, the user may be subject to permit suspension or permit revocation in accordance with section 5.24.740 as well as additional legal enforcement remedies available to the City.

(Prior code § 5-6.602.5; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

(a) Notice of Violation. The Utilities Director and/or designee may issue a written notice of violation to any user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, indicating possible enforcement actions and/or actions to be performed by user to comply with provisions of this chapter.

(b) Cease and Desist Orders. When the City finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of this chapter or the provisions of a wastewater discharge permit, in addition to all other requirements and actions provided herein, the Director may issue a cease and desist order and direct that those persons not complying with such prohibitions, limitations, requirements or provisions:

(1) Cease discharge immediately; or

(2) Comply immediately; or

(3) Comply in accordance with a time schedule set forth by the City.

(c) Public Nuisance. Discharges of wastewater in any manner in violation of this chapter or of any order issued by the Director as authorized by this chapter are hereby declared a public nuisance and shall be corrected or abated as directed by the City. Any person creating a public nuisance is guilty of a misdemeanor.

(d) Termination of Service. In addition to all other requirements and actions provided herein, the City may revoke any wastewater discharge permit or terminate sewerage service to any customer found in violation of the provisions of this chapter or whose discharge presents or may present, danger to the environment or that threatens to interfere with the POTW's operation. All costs for reinstituting service shall be paid by the permittee. Prior to termination of service, unless immediate termination is required, the Director shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing thereon as herein provided. Such notice shall be mailed to the owner at the address shown on the records of the Assessor of the County and a copy shall be delivered to the tenant or posted conspicuously on the property. The notice shall state the date of the proposed termination of service and the reason therefore and the date the Utilities Department shall hold a hearing upon such intended termination. Such hearing shall not be held less than fifteen (15) days after the giving of notice as herein required. At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice. After the hearing, the Director and/or designee shall make his determination and should he find grounds for the termination of service, he shall have the right to revoke that permit. The decision shall be reduced to writing within ten (10) days after submission of the cause by the parties thereto, and shall contain a brief statement of facts found to be true, the order of the Director or other person sitting as hearing officer. A copy shall be mailed or delivered to the permittee or his legal counsel. The revocation hearing shall be conducted in accordance with procedures established by the Director of Utilities and approved by the City Attorney.

(e) Immediate Termination of Service. The City may immediately, without prior written notification, suspend sewerage service when such suspension is necessary, in order to stop an actual 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.

(Prior code § 5-6.603; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Any wastewater discharger 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.

(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 permit condition, 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 legal counsel of the City shall petition the Superior Court to impose, assess and recover such penalties.

(c) Criminal Penalties. Any person who violates a provision of this chapter or permit condition, or who violates a cease and desist order, prohibition or effluent limitation, is guilty of a misdemeanor punishable as set forth in section 1.04.030.

(Ord. 1040 § 5 Exh. E (part), 2002; prior code § 5-6.604; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

The Director shall annually publish in any paper of general circulation that provides meaningful notice within the City a list of the industrial users, which were in significant noncompliance of applicable pretreatment requirements or standards at least once during the twelve (12) previous months. The notification shall summarize any enforcement actions taken against the industrial user(s) during the same twelve (12) month period.

(Ord. 1119 § 8, 2008: prior code § 5-6.605; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

When a discharge of waste causes an obstruction, damage, or any other impairment to City facilities, the City may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's sewer service charge.

(Prior code § 5-6.606; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

Any person who knowingly makes any false statement, representation, record, report, plan or other document filed with the City or knowingly renders inaccurate any monitoring device or method required under this chapter, becomes subject to civil and criminal penalties set forth in this chapter.

(Prior code § 5-6.607; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

In order to affect its powers, the City may enter upon private property, except domestic user property, at any reasonable time, for the purpose of inspection, maintenance of sanitary and waste disposal facilities, or inspection, copying, monitoring and discharge of records to determine compliance with this chapter.

(Prior code § 5-6.609; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)

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

Any user, permit applicant or permit holder 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. 1111 § 4 Exh. A (part), 2007: prior code § 5-6.610; Ord. No. 1237, § 1(Att. A), 8-15-2017; Ord. No. 1275, § 1(Att. A), 11-19-2019)