Article 3 — Administrative Enforcement of Private and State Small Water Systems

The purpose of this Article is to provide procedures for administrative enforcement of the preceding Article 2 and the California Safe Drinking Water Act, as set forth in California Health and Safety Code, division 104, part 12, chapter 4 and of all rules, regulations, standards, permits and orders issued or adopted thereunder. This Article does not limit, preclude or supersede any other criminal or civil remedy provided in the California Safe Drinking Water Act or in any other law.

Unless the context requires otherwise, the definitions set forth in Article 2, Section 4852, Definitions, shall also apply to this Article.

(Ord. No. 4598, § I, 3-22-2022)

Footnotes: --- (10) ---

Editor's note— Ord. No. 4598, § I, adopted Mar. 22, 2022, repealed the former Art. 3, §§ 4871—4874, and enacted a new Art. 3 as set out herein. The former Art. 3 pertained to Extension of the California Safe Drinking Water Act to Additional Water Systems and

derived from Ord. 3859, adopted May 24, 1988.

4855 - Citations and orders.

In accordance with the standards set forth in the Safe Drinking Water Act and the procedures set forth in this Article, the Division may issue citations to permittees and orders to any person who is in violation of or is threatening to violate the Safe Drinking Water Act, or any permit, regulation or standard thereunder, to do any of the acts, or any combination thereof, set forth in the California Health and Safety Code.

Prior to issuing any citation or order, the Division may order a hearing. Any citation or order issued without a prior hearing shall state the procedure and the time requirement for demand of a hearing. Any person to whom the citation or order was issued without a prior hearing may demand a hearing.

(Ord. No. 4598, § I, 3-22-2022)

4856 - Abatement of a nuisance.

In accordance with the standards set forth in the Safe Drinking Water Act, the Division may seek an injunction in a court of law, and may, in the alternative or in combination therewith, abate any nuisance, as defined under the laws of the State of California or under CA Health and Safety Code in accordance with the procedures set forth in Ventura County Ordinance Code (VCOC) Division 13, Abatement of Public Nuisances, shall be followed.

(Ord. No. 4598, § I, 3-22-2022)

4857 - Hearings.

Whenever the Division is authorized or required by statue, regulation or due process to conduct an administrative hearing leading to a final decision by the Director or his/her appointed Hearing Officer, the procedures set forth in VCOC Division 13, Abatement of Public Nuisances, shall be followed.

Any party may be represented by counsel. The Hearing Officer may continue any hearing as may be reasonably necessary for the convenience of the Hearing Officer, witnesses, the Division, or any person entitled to receive notice. Any new time and place of a hearing shall be publicly announced at the time and place of the noticed hearing. No further notice need be published or served upon anyone as to the continuance.

(Ord. No. 4598, § I, 3-22-2022)