Vacaville Municipal Code Art. VIII Enforcement

It is the intent of this Enforcement Section to provide adequate mechanisms to achieve a maximum degree of compliance with this chapter by all users. These enforcement provisions apply to all classes of users to the extent such users violate any provision of this chapter or administrative order of the city under this chapter, except where specific enforcement mechanisms are set forth in other articles of this chapter, in which case the more specific enforcement mechanism shall apply. To achieve compliance, the city will use a variety of enforcement mechanisms.

The enforcement mechanisms set forth range from written warnings and notice of violations to formal criminal prosecution. The city may use, at its discretion and as legally authorized, any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this chapter. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the State of California and the United States of America.

Nothing in this chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this Ordinance which also constitutes a violation of federal or state statutes and regulations such as: 1) the Clean Water Act (33 U.S.C. § 1251, et seq.); 2) the California Porter-Cologne Water Quality Act (California Water Code § 13000, et seq.); 3) the California Hazardous Waste Control Act (California Health and Safety Code §§ 25100 — 25250); 4) the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.) ; 5) California Government Code §§ 54739 through 54740.6; and 6) the California Health and Safety Code, Division 20, Chapter 6.95. The referenced State and federal laws, along with other pertinent laws, provide authority for the city's enforcement mechanisms.

(Ord. 2016, 3/24/2026)

Whenever the Director finds that a User has, or continues to violate, any provision of this chapter, the Director may serve upon that User and any responsible person, a notice of violation pursuant to the authority set forth in California Government Code Section 54740.5 as applicable. The notice may be personally delivered, emailed, or sent by first class mail and posted conspicuously on or in front of the property. If service is by mail, service shall be deemed completed at the time of deposit into the United States mail. The failure to serve any person required herein to be served shall not invalidate any proceedings under this chapter as to any other person duly served. Any duly issued notice shall be conclusively deemed to be adequate notice, and the failure of any person to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings under this chapter. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. Within 10 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Director. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

(Ord. 2016, 3/24/2026)

The Director may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for non-compliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 13.08.840 and 13.08.850 and shall be judicially enforceable.

(Ord. 2016, 3/24/2026)

The Director may order a User which has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or any other Pretreatment Standard or Requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall 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 10 days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in § 13.08.030 and required by § 13.08.590. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.

(Ord. 2016, 3/24/2026)

When the Director finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or 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 unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. 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 Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.

(Ord. 2016, 3/24/2026)

A. When the Director finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or 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:

1. Immediately comply with all requirements; and

2. 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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.

(Ord. 2016, 3/24/2026)

A. A User who has violated, or continues to violate, any provision of California Government Code Section 54739 as adopted under this chapter, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement may be liable to the city for a civil penalty of not less than $1,000 and up to $25,000 per violation, per day in accordance with California Government Code Section 54740. In the case of a monthly or other long term average discharge limit, penalties may accrue each day during the period of the violation. The city's Enforcement Response Plan (ERP) provides additional guidance on the assessment of fines and enforcement actions.

B. Users desiring to dispute such fines must file a written request for the Director to reconsider the fine amount within 10 days of being notified of the fine. Where a request has been determined by the Director to have merit, 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 fine.

C. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.

(Ord. 2016, 3/24/2026)

A. The Director may immediately suspend a User's ability to discharge, after making a reasonable attempt under the circumstances to provide informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present a likelihood of causing, or is causing, an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a User's ability to discharge, after reasonable notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

B. Any User notified of a suspension of its ability to discharge shall 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 stream, 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 § 13.08.880 are initiated against the User.

C. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall 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 hearing under § 13.08.830 or 13.08.880.

D. Nothing in this section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this section.

(Ord. 2016, 3/24/2026)

A. In addition to the provisions in § 13.08.080, any User who violates the following conditions is subject to discharge termination:

1. Violation of individual wastewater discharge general permit conditions;

2. Failure to accurately report the wastewater constituents and characteristics of its discharge;

3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

4. Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or

5. Violation of the Pretreatment Standards in §§ 13.08.410 through 13.08.450.

B. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 13.08.830 why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User.

(Ord. 2016, 3/24/2026)

When the Director finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or any other Pretreatment Standard or Requirement, the Director may petition the appropriate court having jurisdiction, through the office of the City Attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, or other requirement imposed by this ordinance on activities of the User. The Director may also seek such other action as is appropriate for legal and/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.

(Ord. 2016, 3/24/2026)

A. Civil penalties may be imposed by the city as follows pursuant to California Government Code §§ 54739 and 54740.5:

1. In an amount which shall not exceed $2,000 for each day for failing or refusing to furnish technical or monitoring reports beginning five days after the date the report is due. Higher penalties may also be assessed where reports are more than 45 days late.

2. In an amount which shall not exceed $3,000 for each day for failing or refusing to timely comply with any compliance schedule established by the city.

3. In an amount which shall not exceed $5,000 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the city. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.

4. In an amount which shall not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders or prohibition issued, reissued, or adopted by the city.

B. The Director 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 liability, 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, and any other factor as justice requires.

D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a User.

(Ord. 2016, 3/24/2026)

A. A User who willfully or negligently violates any provision of this chapter, an individual wastewater discharge permit, or any other Pretreatment Standard or Requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a maximum fine of $1,000 or imprisonment for not more than six months in the county jail or both, for each violation.

B. A User who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor, punishable by a maximum of $1,000 or imprisonment for not more than six months in the county jail or both, for each violation. 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 knowingly 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, individual wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor, punishable by a maximum of $1,000 or imprisonment for not more than six months in the county jail or both, for each violation.

D. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision set forth in subsections A through C of this section is committed or permitted by such person.

(Ord. 2016, 3/24/2026)

The remedies provided for in this ordinance 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. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User.

(Ord. 2016, 3/24/2026)

The city reserves the right to assess a monetary fine to any User for each day that a report required by this chapter, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the Director to collect late reporting penalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late reporting violations.

(Ord. 2016, 3/24/2026)

The Director may decline to issue or reissue an individual wastewater discharge permit to any User who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous individual wastewater discharge permit, or order issued hereunder.

(Ord. 2016, 3/24/2026)

Whenever a User has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the User may be severed. Service will recommence, at the User's expense, only after the User has satisfactorily demonstrated its ability to comply.

(Ord. 2016, 3/24/2026)

A violation of any provision of this chapter by any user is hereby declared a public nuisance and shall be corrected or abated as may be directed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of the city code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. 2016, 3/24/2026)

A. Upset.

1. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

2. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of subsection (C), are met.

3. A User who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An upset occurred and the User can identify the cause(s) of the upset;

b. The facility was at the time being operated in a prudent and workman like manner and in compliance with applicable operation and maintenance procedures; and

c. The User has submitted the following information to the Director within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):

i. A description of the indirect discharge and cause of noncompliance;

ii. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

iii. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

4. In any enforcement proceeding, the User seeking to establish the occurrence of an upset shall have the burden of proof.

5. Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards.

6. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

B. Prohibited Discharge Standards. A User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in § 13.08.410 or the specific prohibitions in §§ 13.08.420 through 13.08.450 if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference and that either:

1. A Local Limit exists for each pollutant discharged and the User was in compliance with each limit directly prior to, and during, the Pass Through or Interference; or

2. No Local Limit exists, but the discharge did not change substantially in nature or constituents from the User's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements.

C. Bypass.

1. For the purposes of this section:

a. "Bypass" means the intentional diversion of waste streams from any portion of a User's treatment facility.

b. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

2. A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (c)(3) and (c)(4) of this section.

3. Bypass Notifications.

a. If a User knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least 10 days before the date of the bypass, if possible.

b. A User shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable Pretreatment Standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

4. Bypass.

a. Bypass is prohibited, and the Director may take an enforcement action against a User for a bypass, unless:

i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

ii. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

iii. The User submitted notices as required under subsection (c)(3) of this section.

b. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in subsection (c)(4)(a) of this section.

(Ord. 2016, 3/24/2026)