City of Sunnyvale, CA ENFORCEMENT

When the director finds that a discharge of wastewater is taking place, has been taking place or threatens to take place, in violation of prohibitions or limitations prescribed in Chapters 12.04 through 12.18, effluent limitations or national pretreatment standards and requirements, or the provisions of a wastewater discharge permit, the director may at the director's discretion require the user to submit for approval, with such modifications as the director deems necessary, a detailed compliance time schedule of specific actions which the user shall take in order to prevent or correct a violation of code provisions or of any permit, and to take such action in accordance with such schedule.

Nothing provided in this section shall limit or prohibit the city from pursuing any other remedy, legal or equitable, otherwise available to city, or from seeking sanctions in any criminal or civil action related to such discharge or potential discharge.

(Ord. 2490-94 § 1)

§ 12.18.030 Notification of violation.

When the director finds that a user has violated, or continues to violate, any provision of this title, individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation issue a verbal notice to the user, which may be documented by the director. A verbal notice is a warning communicated to the industrial user orally, and is documented internally by the city.

When the director finds that a user has violated, or continues to violate, any provision of this title, individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may issue a written warning notice, irrespective of whether the director has issued a verbal warning. A warning notice is a written notice of violation that a moderate violation has occurred. The warning notice directs the industrial user to take actions to correct the violation and does not require a formal response.

When the director finds that a user has violated, or continues to violate, any provision of this title, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within fourteen days, or ten business 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. 2896-09 § 39; Ord. 2952-11 § 4)

§ 12.18.040 Public nuisance.

Waste or wastewater discharge, threatened waste or wastewater discharge, or any condition or act in violation of any provision of this chapter or Chapters 12.04 through 12.16 or of any provision of any permit issued pursuant to Chapter 12.12 or of any order or directive of the director authorized by the provisions of said Chapters 12.12 through Chapter 12.18 is hereby declared to be a public nuisance. Such nuisance may be abated, removed or enjoined and damages assessed therefor, in any manner provided by law.

(Ord. 2490-94 § 1)

§ 12.18.050 Issuance of cease and desist orders.

When the director finds that a discharge of wastewater has taken place or is likely to take place in violation of Chapters 12.04 through 12.18, or the provisions of a wastewater discharge permit, the director may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct those persons not complying with such prohibitions, limits, requirements, or provisions to:

Comply forthwith;

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

Take appropriate remedial or preventive action.

(Ord. 2490-94 § 1)

§ 12.18.055 Termination of service.

The city may revoke any wastewater discharge permit, and/or terminate, or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter or of Chapters 12.04 through 12.16 is found to exist, or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance. If service is terminated it is unlawful for any person to discharge any material to the city sanitary sewer. This provision is in addition to other statutes, rules or regulations, authorizing termination of service for delinquency in payment.

(Ord. 2490-94 § 1)

§ 12.18.060 Emergency corrections.

In the event cleanup, repairs, construction, or other work is performed on any premises pursuant to any provision of law relating to an emergency or pursuant to any other provision of law authorizing public work on private property in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes, or has caused a violation of any provision of this chapter or of Chapters 12.04 through 12.16, or of any permit issued pursuant to Chapters 12.04 through 12.16 or of any other requirement of law, the user responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally to the city for such public expenditures.

(Ord. 2490-94 § 1)

§ 12.18.070 Revocation of permit.

Wastewater discharge permits may be revoked for one or more material violations of this title, including the following:

Failure to notify the city of changes to the user's operations or systems as described in Section 12.12.190;

Misrepresentation of or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

(d)

Tampering with monitoring facilities or equipment;

(e)

Refusing to allow the city timely access to the facility premises and records;

(f)

Failure to meet the prohibitions on discharge listed in Section 12.12.020 or the local limits specified in Section 12.12.120;

(g)

Failure to meet compliance time schedules or any wastewater discharge permit conditions or requirements;

(h)

Failure to pay fines;

(i)

Failure to pay sewer charges;

(j)

Failure to complete a wastewater discharge permit application or submit a discharge report per Section 12.12.150;

(k)

Violation of any pretreatment standard or requirement.

(Ord. 2490-94 § 1)

§ 12.18.080 Appeals.

Any user, permittee, applicant or other person aggrieved by any decision, action, finding, determination, order or directive of the director, made or authorized pursuant to the provisions of this chapter or of Chapters 12.04 through 12.16, or relating to any permit issued pursuant to these chapters, or interpreting or implementing the same, may file a written request with the director for reconsideration thereof within ten days of such decision, action, finding, determination or order, setting forth in detail the facts supporting such user's or person's request for reconsideration. The director shall render a final decision within ten days of the receipt of such request for reconsideration. Notwithstanding the foregoing, with regard to the issuance by the director of complaints for administrative civil penalties, the appeal process shall be as provided in Section 12.18.090.

Any user, permittee, applicant or other person aggrieved by the final determination of the director may appeal such determination of the director to the city council within ten days of notification by the director of his or her final determination. Written notification of such appeal shall be filed with the city clerk within ten days after notification of the final determination of the director, and shall set forth in detail the facts and reasons supporting the appeal. The appeal shall be heard by the city manager within thirty days from the date of filing the notice of appeal. The appellant, the director and such other persons as the city manager may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the city manager may affirm, reverse or modify the final determination of the director as the city manager deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal, the final determination of the director shall remain in full force and effect. The city manager's determination on the appeal shall be final.

(Ord. 2490-94 § 1)

§ 12.18.090 Administrative civil penalties.

Complaint. The director may serve an administrative complaint on any person who has violated any applicable code provision. The complaint shall state:

(1)

The act or failure that constitutes the violation;

(2)

The provisions of law authorizing the civil liability to be imposed; and

(3)

The proposed civil penalty.

The complaint shall be served by personal delivery or certified mail on the person subject to requirements that the director alleges were violated, and shall inform the person served that a hearing on the complaint shall be conducted within thirty days after service, unless the person charged with the violation waives his or her right to a hearing.

Hearing. Unless the person charged with the violation(s) waives his or her right to a hearing, the director of environmental services or designee ("hearing officer") shall conduct a hearing within thirty days. If the hearing officer finds that the person has violated any reporting or discharge requirement of Chapters 12.04 through 12.18, he or she may assess administrative penalties against the person. In determining the amount of the civil penalty, the hearing officer may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. Civil penalties that may be imposed pursuant to Government Code Section 54740.5 are as follows:

(1)

An amount not to exceed two thousand dollars for each day for failing or refusing to furnish technical or monitoring reports;

(2)

An amount not to exceed three thousand dollars for each day for failing or refusing to timely comply with any compliance schedule established by the city;

(3)

An amount not to exceed five thousand dollars per violation for each day of violation for discharges in violation of any waste discharge limitation, permit condition or requirement issued, reissued or adopted by the city; and

(4)

An amount not to exceed ten dollars 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.

Appeal. Any person against whom penalties are assessed by the hearing officer may appeal the decision of the hearing officer within thirty days of notice of the decision to the city manager. The city manager may hear the appeal or deny review of the case. If the city manager decides to hear the appeal, it shall conduct the appeal in accordance with procedures established by the council. The decision of the city manager shall be in writing and shall be final. All civil penalties imposed in accordance with this section shall be payable within thirty days of the decision of the hearing officer; provided, that if the decision is appealed, all penalties shall be payable within thirty days after the city manager decision on the appeal.

(d)

Lien. The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the violation occurred resulting in imposition of the penalty. The director shall cause the amount of uncollected penalty to be recorded with the county recorder, in accordance with Section 54740.5 of the California Government Code.

(Ord. 2490-94 § 1; Ord. 3062-15 § 4)

§ 12.18.100 Judicial enforcement remedies.

Civil Penalties. Any person who intentionally or negligently violates any provision of Chapters 12.04 through 12.18 or any provision of any permit shall be civilly liable to the city in a sum of not to exceed twenty-five thousand dollars per day for each day in which such violation occurs. The city may petition the superior court pursuant to Government Code Section 54740 to impose, assess, and recover such sums.

Injunctive Relief. When the director, or designee, 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 petition the superior court through 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, order, or other requirement imposed by this chapter 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 prerequisite for, taking any other action against a user.

(Ord. 2490-94 § 1; Ord. 2952-11 § 5)

§ 12.18.120 Falsifying information.

It is unlawful knowingly to make or present to city any false statement, representation, record, report, plan or other document, or knowingly to tamper with or render inaccurate any monitoring device or equipment installed or operated pursuant to Chapters 12.04 through 12.18 or pursuant to any permit issued under Chapters 12.04 through 12.18.

(Ord. 2490-94 § 1)

§ 12.18.130 Remedies cumulative.

The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any and all other remedies available to the city.

(Ord. 2490-94 § 1)

§ 12.18.140 Publication of users in significant noncompliance.

The director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsections (c), (d) or (h) of this section) and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent 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 those defined in Chapter 12.12 of this title;

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including those defined in Chapter 12.12 of this title, multiplied by the applicable TRC criteria (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);