Ventura County Municipal Code Art. 18 Enforcement

Each of the enforcement remedies available to County as specified herein shall be non-exclusive and may be asserted cumulatively and in addition to any other remedy available to the County under law.

Discharges of wastewater, in any manner, in violation of the provisions of this ordinance or of any order issued by the Airports Administrator as authorized by this ordinance are hereby declared a public nuisance. The Airports Administrator has the authority to take necessary measures (informal notice will suffice) to immediately and effectively correct or abate a public nuisance and may seek to enjoin such discharge(s) by order of a court of competent jurisdiction.

The County can require compliance with permit conditions or limitations, or any provision of this ordinance by issuing administrative orders that shall be enforceable in a court or by direct court action.

(See Sections 6512-0 and 6512-1.)

A. Notice of Violation. When the Airports Administrator finds that a discharge to the County's sewerage system has taken place in violation of the prohibitions, limitations, requirements or provisions of this ordinance or its implementing regulations or the conditions of an industrial wastewater discharge permit, the Airports Administrator shall issue a Notice of Violation to the user. A Notice of Violation is official recognition of violation of the prohibitions, limitations, requirements and/or provisions of this ordinance or its implementing regulations or conditions of an industrial wastewater discharge permit. (See Section 6515-7.)

B. Cease and Desist Orders. When the Airports Administrator finds that after the issuance of a Notice of Violation a discharge of wastewater has taken place in violation of the prohibitions, limitations, requirements or provisions of this ordinance or the conditions of an industrial wastewater discharge permit or upon a plan approval related thereto the Airports Administrator may issue a Cease and Desist order and direct that those persons:

1. Comply immediately, or

2. Comply in accordance with a compliance schedule as set forth by the Airports Administrator.

(See Sections 6515-4 and 6515-7.)

C. Termination of Service Order. The Airports Administrator may revoke any industrial user's industrial wastewater discharge permit or terminate wastewater or water service to any premise if any discharge of pollutants presents, or may present an endangerment to the environment or the County's operation of its sewerage system. Twenty-four hours prior to taking any action to terminate wastewater or water service, the user shall receive written notification of the proposed termination and the opportunity to respond to such notice. Should service be terminated, all costs for terminating service and for reinstating service shall be paid by the user before any reconnection is made. (Federal Pretreatment Regulations 40 CFR 403.8(f)(l)(v)(B).)

D. Emergency Non-Compliance Authority. The Airports Administrator has the authority to take necessary measures (informal notice will suffice) to immediately and effectively halt or prevent any discharge of materials to the County's sewerage system which reasonable appears to present an imminent danger to the County's sewerage system, County personnel or the health, safety and/or welfare of the public.

(Federal Pretreatment Regulations 40 CFR 403.8(f)(1)(vi)(B).)

A. Injunction. Whenever a discharge of wastewater is in violation of the provisions of this ordinance, the County may petition the Superior Court for the issuance of a temporary restraining order or a preliminary injunction or a permanent injunction or any or all of these, as may be appropriate to restrict the continuance of such discharge. Furthermore, the County may petition the Superior Court for the issuance of a temporary restraining order or a preliminary injunction or a permanent injunction or any or all of these, as may be appropriate, for non-discharge violations, or such other noncompliance with the ordinance set forth herein.

B. Civil Penalties. Any person who violates any pretreatment standards, requirements and/or provisions of this ordinance, or who, due to a hazardous or toxic discharge, causes damage to the County's sewerage system, its operation, or personnel, shall be liable civilly for a penalty not to exceed $6,000 per day for each such violation.

C. Criminal Penalties. Any person who violates any prohibition, limitation, standards, requirements, and/or provision of this ordinance is guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed 30 days, or by a fine not to exceed $1,000, or by both.

If the Airports Administrator finds that any person has discharged any wastes or wastewater into the County's sewerage system in violation of the provisions of this ordinance, or of the user's industrial wastewater discharge permit, and that such discharge caused increased operating costs or diminished the efficiency of the treatment process, the Airports Administrator shall estimate the value of the damage and add that sum to that person's next regular sewer service billing. The items the Airports Administrator shall consider shall include, but not be limited to, the following:

A. The cost of repairs to the County's sewerage system;

B. The depreciation of the system due to damages not repaired;

C. The extra operating costs;

D. The value of the loss of wastewater treatment plant operating efficiency based upon the County's normal operating costs and the extent to which the performance of the plant was reduced below normal as a result of such improper discharge to the sewer.

All charges made pursuant to the subsection are due and payable upon receipt of notice thereof. All such charges shall become delinquent 15 days after mailing notice thereof to the mailing address of the discharger subject to such charges. This remedy is non-exclusive and may be asserted in addition to any other remedy available to the County under law. Payments for such charges not received by the County within 15 days after mailing notice thereof shall be subject to a penalty to be set by an ordinance of the County. Unpaid charges shall also accrue interest at the legal rate beginning on the 16th day after mailing of the notice.

No person shall knowingly make any false statements, representation, or certify in any application, record, report, plan or other document filed or required to be maintained pursuant to this ordinance or industrial wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or by both.