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Earlier editions: 2026-09

Title 6 — PUBLIC WORKS›Chapter 5 — WASTEWATER COLLECTION AND TREATMENT

Yuba City Municipal Code Art. 10 Enforcement Response Plan for Industrial User Noncompliance

Yuba City Municipal Code · 2026-10 edition · updated 2026-10-04 · Yuba City

Cite as: Yuba City Municipal Code Article 10 · Text as of 2026-10-04

Sec. 6-5.1001. - General overview.

(a) Purpose of enforcement response plan. The enforcement response plan (ERP) in this article enumerates the enforcement actions and their respective time frames that may be taken by the City of Yuba City against an industrial user for noncompliance with permit conditions, this Code, or Federal and State regulations.

(b) Definitions.

(1) Major violations—significant noncompliance (SNC). Any violation of pretreatment requirements (including limits, sampling, analysis, reporting, and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement, including monetary penalties. Instances of SNC are industrial user violations which meet one or more of the following criteria:

(i) Significant violations of wastewater discharge limits:

A. Chronic violations. 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Article 2;

B. Technical review criteria (TRC) violations. 33% or more of the measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by Article 2 multiplied by the applicable criteria;

There are two groups of TRCs:

Group I for conventional pollutants (BOD, TSS, fats, oils, and/or grease) TRC = 1.4

Group II for all other pollutants except pH TRC = 1.2

C. Any other violation(s) of a pretreatment standard or requirement as defined by Article 2 that the Public Works Director determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through, or endangered the health of the wastewater treatment personnel or the public;

D. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment or has resulted in the treatment plant's emergency authority to halt or prevent such a discharge;

E. Failure to meet, within 90 days of the scheduled date, a compliance-schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance by 90 days;

F. Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

G. Failure to accurately report noncompliance; or

H. Any other violation or group of violations, which may include a violation of best management practices, which the Public Works Director determines will adversely affect the operation or implementation of the local pretreatment program.

(2) List of violators. The Public Works Director shall publish annually, in a newspaper of general circulation in the Yuba City area, a list of the industrial users who significantly violated applicable pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same 12 months.

(3) Officials responsible. The Public Works Director or designee, in accordance with this chapter of this Code, will notify the City Attorney of any civil action or municipal code enforcement required. The District Attorney will prosecute criminal violations of State water or health and safety laws.

(c) Notice of violation and follow-up. When a violation occurs (with the exception of certain insignificant/minor first offenses), a notice of violation (NOV) or a warning letter shall be sent via a certifiable means (U.S. Postal Service, FedEx, UPS, etc.) to the responsible party at the place of business. A written response by the industrial user may be required, which states the cause of the violation, the corrective actions which will be taken to prevent recurrence, and the time frame to complete corrective actions.

(1) If an industrial user fails to take corrective action, if the violation appears to be a part of a recurring pattern, or the level of the violation is of a large magnitude, a formal meeting will be arranged with representatives of the firm and the Public Works Director or designee to discuss the problem or possible corrective actions. At this time, the firm may be issued an administrative order containing or requesting a time schedule for compliance and additional monitoring requirements and/or fines.

(2) Any industrial user who intentionally or willfully violates any provision of any permit issued pursuant to this chapter; intentionally or willfully discharges waste or wastewater which causes pollution; or violates any cease and desist order, established effluent limitations, national standard of performance, or national pretreatment or toxicity standard shall be fined not more than $50,000 for each offense. The Public Works Director, after determining the existence of a violation, may levy fines, which shall be in accordance with this chapter of this Code and applicable State and Federal law. Each day on which a violation occurs or continues shall be deemed a separate and distinct offense.

(3) If noncompliance has been deemed significant (SNC) or in situations where a discharge may pose a threat to the safety of operation of the POTW or its personnel, the industrial user will be issued a cease-and-desist order. This order, issued by the Public Works Director, may order the user to comply immediately or impose additional requirements.

(4) Violations believed to be caused through deliberate acts or intentional discharge of hazardous wastes, as specified in 40 CFR 413 and 433, will be referred to the City Attorney for further enforcement. The City Attorney may then petition the Superior Court of California, County of Sutter for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the required performance.

(d) Appeal. Any permit applicant, permit holder, or other discharger affected by any decision, action, or determination made by the Public Works Director, including cease-and-desist orders, may file with the Public Works Director a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the request. The Public Works Director will then decide whether to hold a hearing on the request. The Director shall act upon a request for reconsideration within ten days from the date of filing or the close of the reconsideration hearing. The decision, action, or determination shall remain in effect during such period of review by the Director.

If the ruling made by the Public Works Director is unsatisfactory to the person requesting reconsideration, they may, within ten days after notice of the action by the Director, file a written appeal to the City Manager.

The written appeal shall state all pertinent aspects of the matter, and shall include the hearing record if one was requested. Within 30 days after the written appeal is received, the City Manager shall hold a hearing after due notice to the appellant. The City Manager may establish rules and regulations governing the hearing of such appeals. The City Manager shall make a final ruling on the appeal within ten days after close of the hearing. The decision, action, or determination shall remain in effect during such period of review by the City Manager.

Any person who is dissatisfied with the action of the City Manager may appeal to the Council in accordance with Chapter 4 of Title 1 of this Code. In the event of such an appeal, the City Manager shall transmit to the Council a report setting forth the reasons for the action taken.

(e) Civil and criminal penalties. If the industrial user fails to comply with the administrative cease-and-desist order, the City may pursue any of the alternative civil or criminal remedies herein against any discharger.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Exceptions & meaning →

Sec. 6-5.1002. - Enforcement response plan outline.

The following is an outline of the City's ERP enforcement procedures. These procedures were developed according to the September 1989 EPA guidelines for "Developing Control Authority Enforcement Response Plans." This section is sometimes referred to as the enforcement response guide (ERG).

(a) Administrative.

(1) Telephone call, email, or reminder letter to notify industrial user (IU) of violation. May include request for explanation of violation from IU.

(i) Done as soon as possible upon discovery of violation.

(2) Notice of violation (written):

(i) Sent by certifiable means (U.S. Mail, FedEx, UPS, etc.) within a timely manner after the violation.

(3) Fines assessed by City for violation(s):

(i) Intended to punish the IU for noncompliance.

(ii) No court intervention unless IU contests fine.

(4) Administrative order types:

(i) Show-cause order: allows the IU to appear before the Public Works Director or representative and explain the noncompliance and why more severe enforcement actions should not be taken.

(ii) Enforcement documents: directs IU to implement corrective or remedial measures (compliance orders).

(iii) Cease-and-desist order(s).

(iv) Consent orders: negotiated settlement agreed upon by the City and the IU.

(v) Revocation of permit:

A. Failure of an industrial user to factually report the sewage constituents and characteristics of their discharge;

B. Failure of an IU to report significant changes in operations, site plans, floor plans, mechanical and plumbing plans, or sewage constituents and characteristics; or

C. Refusal of reasonable access to an IU's premises for the purpose of inspection or monitoring.

(vi) Industrial wastewater service termination.

(5) Administrative fines:

(i) Assessed for repeated or serious violations.

(ii) Attached to an administrative order.

(b) Judicial enforcement.

(1) Civil Litigation.

(i) Lawsuits filed against IU to:

A. Recover costs associated with noncompliance;

B. Impose civil penalties;

C. Seek injunctive relief;

D. Acquire a court order to return IU to compliance.

(ii) Process of litigation:

A. City decides to sue;

B. City Attorney files complaint with the Court;

C. IU responds to complaint by filing an answer;

D. Depositions and interrogations;

E. Trial date set;

F. Settlement negotiations, if any;

G. Trial occurs;

H. Verdict is issued;

I. Appeals are made.

(c) Criminal prosecution.

(1) Purpose:

(i) To punish noncompliance rather than recover costs;

(ii) To deter future noncompliance.

(2) City must prove intent and/or negligence;

(3) Criminal prosecution process:

(i) Discovery of the crime;

(ii) Gathering evidence;

(iii) Initiating criminal prosecution;

(iv) Defendant's pretrial options:

A. Plead guilty;

B. Jury trial.

(4) The criminal trial;

(5) Sentencing and appeals.

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

Exceptions & meaning →

Sec. 6-5.1003. - Enforcement response plan procedures.

The table below describes the City's enforcement response options per violation type. The official(s) responsible for enforcement shall be the Public Works Director and/or duly authorized representative. The following abbreviations shall be used throughout the ERP table:

AO = Administrative Order

CO = Consent Order

NOV = Notice of Violation

SCO = Show Cause Order

WL = Warning Letter

Item Nature of Violation Enforcement Option
A. Unauthorized Discharges (no permit or approval)
1. Non-Permitted Discharge Violations 1. Non-Permitted Discharge Violations 1. Non-Permitted Discharge Violations
1A Industrial waste discharger unaware of wastewater discharge permit requirement; no harm to POTW/environment Email or phone call and Issue WL with time schedule. Deadline for application submittal not to exceed 30 days.
1B Industrial waste discharge without a permit resulting in violation of POTW NPDES permit, potential harm to POTW, environment or personnel. Invoke emergency enforcement as necessary to abate discharge. May proceed with any of the following: a) Issue Administrative Order; b) Assess fine; c) Civil litigation seeking penalties up to $10,000; d) Terminate service
1C Industrial waste discharge without a permit and evidence of intentional dumping or discharge of toxic pollutants of concern (metals and/or priority organics). Issue AO to immediately halt discharge and issue NOV with time schedule. Deadline for application submittal not to exceed 15 days May proceed with any of the following: a) Assess Administrative Fine b) Civil/Criminal Action
1D Failure to submit acceptable permit application by deadline Issue NOV with time schedule. Deadline for application submittal not to exceed 15 days.
1E Failure to submit acceptable permit application by NOV deadline. Issue AO and fine. May proceed with any of the following: a) Civil action; b) Terminate Service
2. Non-permitted discharge (expired Permit or significant change in discharge)
2A Failure to apply for permit renewal. No environmental or POTW harm. Less than 30 days late Phone/email; May proceed with any of the following: a) Issue WL with time schedule (Deadline for application submittal not to exceed 30 days).
2B Failure to submit acceptable renewal application by deadline. Issue NOV with time schedule. Deadline for application submittal not to exceed 15 days.
2C Failure to submit renewal by NOV Proceed with any of the following: a) Issue AO and fine; b) Terminate service; c) Civil/Criminal action.
B. Discharge Violations B. Discharge Violations B. Discharge Violations
1. Industry exceeds final limits (categorical, local, or prohibited)
1A Isolated, not significant violation Telephone call/email and require follow-up sampling Further enforcement actions: a) Issue WL
1B Frequent, insignificant (repeated offense) Issue NOV
1C Frequent, insignificant (any offense) Issue NOV
1D Significant Violations that are SNC Proceed with all the following: Issue NOV Issue Fine SNC publication in local newspaper
1E Causes known; environmental or POTW damage (endangerment of life) Issue AO to halt discharge; May proceed with any of the following: a) Issue fines b) Civil litigation c) Terminate services
1F Failure to meet requirements specified in any NOV Any of the following: a) Meet with IU; b) Issue AO; c) Issue Fine.
2. Slug load discharge without notifying the City
2A Isolated; no known damage Issue NOV; Require IU to develop a spill control program
2B Isolated with known interference, pass through, or damage Any of the following: a) Fine up to $50,000 per day b) Civil action
2C Recurring Any of the following: a) Fine up to $50,000 per day; b) Civil action; c) Terminate service
C. Sampling, Monitoring, Equipment maintenance, and Reporting Violations
1. Late Report (any type, includes incomplete report)
1A Once; report less than five days late Any of the following: a) Telephone call b) Email c) Issue WL
1B Report less than 30 days late Issue NOV
1C Report greater than 30 days late Issue NOV with Fine; SNC publication
1D Twice during any consecutive four-quarter period Issue NOV
1E Three times during any consecutive four-quarter period Issue NOV, Fine
2. Improper Signature or Certification 2. Improper Signature or Certification 2. Improper Signature or Certification
2A Report is improperly signed or certified Telephone call/Email; or Issue WL
2B Report is improperly signed or certified after notice by City Issue NOV with option of fine
3. Failure to sample during Monitoring period
3A Sample collected greater than 30 days late Issue NOV; May proceed with any of the following: a) Issue Fine; b) SNC publication
3B Twice during any consecutive four-quarter period Issue NOV; option of fine
3C Three times during any consecutive four-quarter period Issue NOV May follow with: a) Issue fine b) SNC publication
4. Improper Sampling 4. Improper Sampling 4. Improper Sampling
4A Incorrect sample type and/or missed hold time Issue WL with requirement for sample collection within 30 days
4B Repeated Incorrect sample type, miss hold time, resample later than 30 days Issue NOV, option of fine
5. Failure to Report Instances of Noncompliance
5A Failure to report discharge limit violation, spill, upset, bypass or changed discharge (no harm) Issue NOV
5B Failure to report discharge limit violation, spill, upset, bypass or changed discharge (results in harm to POTW, personnel, environment, and/or any City discharge limit) Issue AO May proceed with any of the following: a) Issue Fine b) Terminate Service c) Civil action
5C Repeated failure to report discharge limit violation, spill, upset, bypass, or change discharge Any of the following: a) Civil Action b) Terminate Service
6. Failure to install monitoring equipment
6a Delay of less than 30 days Any of the following: a) Telephone call b) Email c) Issue WL
6b Delay of greater than 30 days Any of the following: a) Issue NOV b) Issue AO c) Issue Fine
6c Recurring Violation of Administrative Order Any of the following: a) Civil Action b) Criminal Investigation c) Terminate service
7. Failure to properly operate and Maintain pretreatment equipment
7a No Harm Any of the following: a) Issue WL b) Issue NOV c) Issue Fine d) Issue CO
7b Results in harm Issue AO May proceed with any of the following: a) Show Cause Hearing; b) Issue Fine; c) Civil Action; d) Terminate Service
8. Reporting False Information; Falsification
8a Falsification of any type, including but not limited to reporting and sampling Any of the following: a) Criminal investigation b) Civil litigation c) Criminal Prosecution seeking maximum penalties allowed by State Law d) Terminate Services
D. Compliance Schedule Violations D. Compliance Schedule Violations D. Compliance Schedule Violations
1. Missed Milestone date 1. Missed Milestone date 1. Missed Milestone date
1a Less than 30 days or will not affect final milestone Any of the following: a) Telephone call b) Email c) Issue a WL d) Issue AO with fine
1b Missed by more than 30 days, or will affect final milestone Violation for good cause (weather, materials unavailable, etc.) Schedule a meeting to change final date; May proceed with any of the following: a) Issue AO b) Issue Fine
1c Missed by more than 30 days, or will affect final milestone. Violation without good cause Show cause hearing, seek penalties of $500 per day of violation
2. Failure to meet Compliance Schedule, Reporting requirements
2a Did not submit report but did complete milestone Any of the following: a) Telephone call b) Email c) Issue WL
2b Did not submit report or meet milestone Schedule a meeting; May proceed with the following: a) Issue AO b) Issue fine
3. Missed Final date 3. Missed Final date 3. Missed Final date
3a Good Cause Telephone call or Email
3b 30 days or more outstanding; failure or refusal to comply without good cause Any of the following: a) Show Cause hearing b) Issue AO with fines c) Judicial Action
E. Spill Incidents E. Spill Incidents E. Spill Incidents
1. Spill Incident 1. Spill Incident 1. Spill Incident
1a Reported by industry Any of the following: a) Issue WL b) Issue NOV c) Meet with IU
1b Failure to report spill Issue NOV May proceed with any of the following: a) Issue AO with fines
2. Repeated Spill incidents 2. Repeated Spill incidents 2. Repeated Spill incidents
2a Failure to develop and/or upgrade spill prevention program Issue NOV May proceed with any of the following: a) Issue AO with fines b) Show cause hearing
2b Failure to act on a decision of compliance meeting and results in known environmental damage and/or POTW damage Judicial Action, terminate service
F. Violations detected through industrial inspections/investigations
1. Entry Denial 1. Entry Denial 1. Entry Denial
1a Entry denied or consent withdrawn Copies of records denied Obtain warrant and return to IU
2. Illegal Discharge 2. Illegal Discharge 2. Illegal Discharge
2a No harm Issue NOV May proceed with any of the following: a) Issue AO with Fine
2b Results in harm to POTW, environment or personnel Show Cause Hearing: May proceed with any of the following: a) Issue AO with fine b) Civil Action c) Terminate service
2c Harm to POTW, environment or personnel and evidence of "willful or neglect" action Any of the following: a) Civil Action b) Criminal Investigation c) Terminate Services
3. Improper Sampling 3. Improper Sampling 3. Improper Sampling
3a Unintentional; incorrect location, incorrect sample type, incorrect sample technique/preservation Any of the following: a) Telephone call b) Correct at site c) Email d) Issue WL e) Issue NOV
4. Inadequate record keeping 4. Inadequate record keeping 4. Inadequate record keeping
4a Inspector finds files incomplete or missing, and no evidence of "willful or negligent" action Issue NOV
4b Inadequate record keeping continues after notice by City Issue AO with fine
4c Incomplete or missing files and evidence of "willful or negligent" action Any of the following: a) Criminal Investigation b) Criminal Action c) Terminate Service
4d Inspector finds additional files/data Issue NOV
5. Failure to report additional monitoring
5a No harm to POTW, et al. Issue NOV
5b Failure to report additional data Issue NOV
5c Failure to report additional data after notice from City Issue AO with fine
G. Other permit Violations G. Other permit Violations G. Other permit Violations
1. Waste streams are diluted in lieu of treatmen t
1a Initial Violation Issue AO
1b Dilution continues in lieu of treatment after notification by City Any of the following: a) Show Cause hearing b) Civil action c) Terminate Service
2. Failure to mitigate noncompliance 2. Failure to mitigate noncompliance 2. Failure to mitigate noncompliance
2a Does not result in harm Issue NOV
2b Results in harm to POTW, environment, or personnel Issue AO with fine; May proceed with any of the following: a) Civil Action b) Terminate Service c) Criminal Investigation

(Ord. No. 007-16, § 2, 6-21-2016; Ord. No. 001-22, § 3, 1-18-2022)

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