Visalia Municipal Code Art. 11 Administration and Enforcement

A. Following the effective date of this chapter, it shall be unlawful for any person to violate any provision of this chapter, to connect to, construct, install or provide, maintain, use or alter any other means of sewage disposal from any building in said city except by connection to a public sewer in the manner as provided in this chapter, or by installation, provision, usage or maintenance of approved private disposal facilities in accordance with the provisions of this chapter.

B. When the city finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in at least the amount of one thousand dollars ($1000.00) per day. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

C. Unless otherwise specified in this chapter, any violation of the provisions of subsection (A) of this section shall constitute a misdemeanor. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Section 19(c) of the California Penal Code.

D. Any person convicted of a misdemeanor under this article shall be punished by: (1) A fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this article within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this article within one year. Each day that a violation continues shall be regarded as a new and separate offense.

E. Any person convicted of any infraction of this article shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this article within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this article within one year. Each day a violation continues shall be regarded as a new and separate offense. (Ord. 2006-02 (part), 2006: Prior code § 4295)

The city may inspect the facilities of any discharger to ascertain whether the purpose of this chapter is being met and all requirements are being complied with. Owners and/or occupants of premises where wastewater is created or discharged shall allow city representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection or sampling or in the performance of any of their duties. The city shall have the right to set up on the discharger's property such devices as are necessary to conduct sampling or metering operations. Where a discharger has security measures in force which would require proper identification and clearance before entry into their premises, the discharger shall make necessary arrangements with security guards so that, upon presentation of suitable identification, personnel from the city shall be permitted to enter without delay for the purposes of performing their specific responsibilities. The purposes of such inspection may include, but are not limited to:

A. Determination of the size, depth and location of any sewer or storm drain connection;

B. Determination of the outlet of any sewer or storm drain connection by depositing testing materials in any plumbing fixture attached thereto and flushing the same, if necessary;

C. Determination by measurements and samples of the quantity and nature of sewage or wastewater being discharged into any sewer, storm drain or water course;

D. Inspection testings and sampling of the discharge of any device used to prevent the discharge into any sewer, storm drain, or water course of illegal waste or illegal quantities of waste, such as floor drains, traps or other clarifiers, also, of those devices used to grind, shred, pulverize, or otherwise treat garbage or industrial waste before discharging same into a sewer or storm drain;

E. Determination of the location of roof, swimming pool and surface drains, and whether they are connected to a street gutter, storm drain or sewer;

F. Determination of the nature and quantity of flow in any open water course or storm drain;

G. Inspection and copying of records of monitoring activities and results. (Ord. 2006-02 (part), 2006: Prior code § 4296)

A. Any person found to be violating, with respect to violations other than sewer service charge delinquencies, any provision of this or any other ordinance, rule or regulation of the city shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. All persons shall be held responsible for any and all damages resulting from the acts of agents or employees. Upon being notified by the city of any violation of this chapter, the person or persons having charge of said work or facilities shall correct the same, within the stipulated time limit, at such person or persons' expense. (Ord. 2006-02 (part), 2006: Prior code § 4297)

The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 Sections 13.08.930 and 13.08.980 of this ordinance and shall be judicially enforceable.

(Ord. 2006-02 (part), 2006)

When the city finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city 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 shall 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. 2006-02 (part), 2006)

Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this chapter, other than those provisions involving sewer service charge delinquencies, is declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation. (Ord. 2006-02 (part), 2006: Prior code § 4298)

As an alternative method of enforcing the provisions of this chapter, the city shall have the power to disconnect a discharger from the sewer mains of the city five days after written notice, by certified mail, thereof. Upon disconnection, the city shall estimate the cost of disconnection from and reconnection to the system, and the discharger shall deposit the cost, as estimated, of disconnection and reconnection before such discharger connection is reconnected to the system. The city shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 2006-02 (part), 2006: Prior code § 4299)

During the period of any disconnection, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city may cause proceedings to be brought for the abatement of the occupancy of said premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney's fee and cost of suit arising in said action. (Ord. 2006-02 (part), 2006: Prior code § 4300)

The city declares that Sections 13.08.880 through 13.08.950 are established only as a means of enforcement of the terms and conditions of this chapter and not as a penalty. (Ord. 2006-02 (part), 2006: Prior code § 4301)

A. The city may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the city shall evaluate each significant industrial discharger and determine whether or not such a plan will be required. Any industrial user required to develop and implement an accidental discharge/slug control plan shall submit a plan which addresses, at a minimum, the following:

1. Description of discharge practices, including non-routine batch discharges;

2. Description of stored chemicals;

3. Procedures for immediately notifying the city of any accidental or slug discharge. Such notification must also be given for any discharge of substances prohibited by the city;

4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, and/or measures and equipment for emergency response.

B. Notification of Discharge. Significant industrial and commercial dischargers shall notify the city immediately upon accidentally discharging wastes in violation of this chapter, to enable countermeasures to be taken by the city to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters. This notification shall be followed, within seven days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification shall not relieve dischargers of liability for any expense, loss or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the city on account thereof under Section 13350 of the California Water Code or for violations of Section 5650 of the California Fish and Game Code.

C. Notices to Employees. In order that employees of significant industrial dischargers be informed of city requirements, such dischargers shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the city from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the discharger's bulletin board advising employees whom to call in case of an accidental discharge or violation of this chapter.

D. Preventive Measures. Any direct or indirect connection or entry point for accidental discharge of deleterious wastes to the discharger's plumbing or drainage system should be eliminated. Where such action is impractical or unreasonable, the discharger shall appropriately label such entry points to warn against discharge of such wastes in violation of this chapter. (Ord. 2006-02 (part), 2006: Prior code § 4302)

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 an industrial discharge permit, the city may issue an order to cease and desist and direct that those persons not complying with such prohibitions, limitations, or provisions:

A. Comply forthwith;

B. Comply in accordance with a time schedule set forth by the city;

C. Take appropriate remedial or preventive action in the event of a threatened violation. (Ord. 2006-02 (part), 2006: Prior code § 4303)

The city may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the city 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 seven days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. 2006-02 (part), 2006)

When the city finds that a discharge of wastewater has been taking place, in violation of prohibitions or limitations prescribed in this chapter, or the provisions of an industrial discharge permit, the city may require the discharger to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the discharger shall take in order to prevent or correct the violation. (Ord. 2006-02 (part), 2006: Prior code § 4304)

Any discharger, 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 any permit issued hereunder by the city, may file with the city manager a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the discharger's request for reconsideration. The city manager has the discretion to refer any and all appeals to a designated administrative hearing officer for determination. (Ord. 2006-02 (part), 2006: Ord. 2000-18 §§ 1 (part), 2 (part), 2000: prior code § 4305)

Appeal decisions made by the city manager, or an administrative hearing officer designated by the city manager, may be appealed to the city council. City council decisions shall be final. (Ord. 2006-02 (part), 2006: Prior code § 4306)

Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, or whenever any person violates permit conditions and/or applicable pretreatment standards, the city may 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 discharge. (Ord. 2006-02 (part), 2006: Prior code § 4307)

Any person, firm or corporation, or any partner, officer, agent or employee thereof who deposits or permits to be deposited into the city's sewer system or any facilities tributary thereto any wastes other than those permissible under the terms of the ordinance and the terms of the valid permit granted thereunder, shall be liable for any and all damage caused to the city by virtue of such act, including compensation for damage to the city's facilities and all costs of any legal fees, suits, or judgments against the city which may be attributable to such wastes so discharged. (Ord. 2006-02 (part), 2006: Prior code § 4308)

A. When the city finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. The administrative penalty assessed per this section shall be one hundred dollars ($100.00) for the first violation; two hundred dollars ($200.00) for the second violation of the same ordinance within one year; and five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. In the alternative, an alternative administrative penalty requested by the Director of Public Works and approved by a resolution of the Visalia City Council may be utilized pursuant to Section 1.13.050(D).

B. Payment of any penalty shall not excuse the failure to correct the violation(s), nor shall it bar further enforcement action by the city.

C. Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of ten percent (10%) per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

D. Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the city 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 city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

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

F. Revocation of Permit. In the event a discharger shall fail to make arrangements for corrective actions or to pay penalties, as required herein, and shall not have appealed as provided within the time allowed, then the director shall order such discharger's permit immediately suspended, and take such action as necessary to ensure that the discharger complies with the provisions of this section, including but not limited to physically blocking the discharger's access to the sewer system. All such measures shall remain in effect until the discharger has complied with the provisions of this section. (Ord. 2011-08 § 8, 2011: Ord. 2006-02 (part), 2006)

Notwithstanding the provisions of Section 13.08.900:

A. The city may impose civil penalties upon any discharger who violates any provision of this chapter. Civil penalties shall be in accordance with Section 1.12.010. The purpose for issuing civil penalties under this section is to penalize negligent or willful misconduct, discourage future violations from occurring, encouraging corrective actions and punishing repeat violators.

B. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city in at least the amount of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

C. The city 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.

D. 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 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.

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

F. Notice of Violation. Upon the director's determination that a chargeable violation has occurred, he shall issue to and serve upon, the discharger a notice of violation(s). Such notice shall describe the time, date, place and circumstances of each violation charged, the amount of penalty imposed by the director for each violation, and corrective measures which the discharger is required to undertake as a condition of continuation of discharger's permit. The director shall have discretionary authority to decline to issue notice of violation(s) in cases where violations are insignificantly technical in nature and the public interest would not be served by formal charges. The director shall keep a record of all such discretionary determinations.

G. Discharger Payment or Appeal. Discharger shall pay the penalty and take corrective action described in the notice of violation, or shall make arrangements to pay and take corrective actions. Payment shall be made, or a plan for payment and corrective action shall be made and completed not later than thirty (30) days after service upon the discharge of the notice of violation. Discharger may, in the alternative, within thirty (30) days of service of the notice of violation, file a notice of appeal with the city manager, which notice of appeal shall stay all further action on the notice of violation, and accumulation of interest upon penalties therein, pending final decision by the city manager on the appeal; provided, however, that nothing herein shall be taken to limit the authority of the director to take such action or to make such directives as are reasonable in the circumstances to stop or prevent an ongoing or threatened violation.

H. Revocation of Permit. In the event a discharger shall fail to make arrangements for corrective actions or to pay penalties, as required herein, and shall not have appealed as provided within the time allowed, then the director shall order such discharger's permit immediately suspended, and take such action as necessary to ensure that the discharger complies with the provisions of this section, including but not limited to physically blocking the discharger's access to the sewer system. All such measures shall remain in effect until the discharger has complied with the provisions of this section.

I. City Manager's Authority. Upon an appeal brought to the city manager by a notice of appeal by a discharger charged with the violation, the city manager shall set the matter for hearing. Alternatively, the city manager may refer such appeals to a designated administrative hearing officer. The city manager, or the administrative hearing officer shall determine whether the violation has occurred, and whether the civil penalty imposed by the director was reasonable in all the circumstances. The city manager, or the administrative hearing officer designated by the city manager, shall have the authority and set proceedings to affirm or dismiss the allegations, to condition the penalties imposed or the corrective action, or to reduce or increase the fines imposed by the director. Failure of the discharger to comply with the decision of the city manager or the administrative hearing officer designated by the city manager, or make arrangements for compliance satisfactory to the director within fifteen (15) days of the date of the decision, shall result in termination of the discharger's permit, and the director shall thereupon order physical termination of service forthwith, which service shall not be resumed until the order of the city manager or the administrative hearing officer designated by the city manager, has been complied with.

J. Lien. The amount of civil penalties imposed under this section which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the county recorder and when recorded shall be in force and effect for ten years from time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.

K. Superior Court Action. The city may, at its option, elect to petition the superior court to confirm any other establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1297.6, inclusive, of the Code of Civil Procedure. (Ord. 2006-02 (part), 2006: Ord. 9605 § 26 (part), 1996: Prior code §4309)

Notwithstanding the provisions of Section 13.08.900:

A. A discharger who willfully or negligently violates any provisions of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine in at least the amount of one thousand dollars ($1,000.00) per violation, per day, or subject to penalties in accordance with Section 1.12.010. (Ord. 2006-2 (part), 2006: Ord. 9605 § 26 (part), 1996: Prior code § 4310).

B. A discharger 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, and be subject to a penalty in at least the amount of one thousand dollars ($1,000.00) per violation, per day or be subject to penalties in accordance with Section 1.12.010 This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. (Ord. 2006-02 (part), 2006: Ord. 9605 § 26 (part) 1996: Prior code § 4310).

Notwithstanding civil or criminal penalties, any industrial user found to be in significant noncompliance with applicable pretreatment requirements during the previous twelve (12) months shall be included in an annual public notification in the largest daily newspaper published in the city. (Ord. 2006-02 (part), 2006: Prior code § 4311)

Any person or persons who knowingly makes any false statements, representation, record, report, plan or other document filed with the city or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or procedure required under this chapter, shall be guilty of a violation of this chapter. (Ord. 2006-02 (part), 2006: Prior code § 4312)

The city may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare or persons. The city may also immediately suspend a user's discharge, after 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.

A. Any user notified of a suspension of its 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 city may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, it's receiving stream, or endangerment to any individuals. The city may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in Section 13.08.1080 of this ordinance are initiated against the user.

B. 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 city prior to the date of any termination hearing under Section 13.08.1080 of this ordinance.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 2006-02 (part), 2006)

The city may revoke any industrial discharge permit, or immediately terminate, or cause to be immediately terminated, wastewater service to any premises if a violation of any provision of this chapter causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this chapter. (Ord. 2006-02 (part), 2006: Prior code § 4313)