(a)
The CLB finds that in order for it to comply with the laws, regulations,
and rules imposed upon it by regulatory agencies and to ensure that
sewerage facilities and treatment processes are protected and are
able to operate with the highest efficiency, specific enforcement
provisions must be adopted to regulate discharges from industrial
users.
(b)
The CLB is willing to cooperate with all users on improvements in
wastewater quality, yet must be in a position to ensure that uncooperative
users shall comply with this chapter and any conditions set forth
in a wastewater discharge permit.
(c)
The CLB intends to ensure that all interested parties are afforded
due process of law and that any noncompliance or violation is resolved
as soon as possible. Enforcement shall be guided by the enforcement
response plan as adopted by resolution of the city council.
(d)
All users have a right of appeal pursuant to the procedures set forth
in this chapter.
(e)
Each noncompliance or violation per day, and each day of noncompliance
or violation, shall be taken as a separate noncompliance or violation
for determining the amount of fees, charges, fines or penalties for
which enforcement actions may be taken. A violation of a weekly average
is considered seven days of violation for that parameter and a violation
of a monthly average is based upon the number of days in that month.
A violation of multiple parameters caused by a single operational
upset is considered one violation.
(f)
The issuance or exercise of any type of an enforcement action provided
for under this chapter shall not be a bar against, or a prerequisite
for, taking any other or additional enforcement action against a user
under this chapter or any other local, state, or federal law. The
remedies provided for in this chapter are not exclusive and the CLB
is empowered to take more than one enforcement action against any
noncompliant user.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010; Ord. 1655 § 14, 2021)
(a)
In the event that it is determined that a user is in noncompliance
with any provision of this chapter, or the terms, conditions and limitations
of its wastewater discharge permit, the CLB may issue a NON form,
whereby the user shall comply with all directives, conditions and
requirements therein within the time prescribed.
(b)
The issuance of a NON form may contain terms and conditions including,
but not limited to, installation of pretreatment equipment, sampling
structures, submittal of drawings or technical reports, payment of
fees or administrative fines, limits on rate and time of discharge,
or any other provisions to ensure compliance with this chapter and
the user's wastewater discharge permit. This action is not a prerequisite
to taking other or more severe enforcement actions.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
In the event that it is determined that a user has not responded
to a NON form that was previously issued, or that noncompliance of
any pretreatment standards requires immediate attention, the CLB may
issue a NOV form, whereby the user shall comply with all directives,
conditions and requirements therein within the time prescribed.
(b)
The issuance of a NOV form may contain terms and conditions including,
but not limited to, installation of pretreatment equipment and facilities,
submittal of drawings or technical reports, payment of fees, administrative
fines, and limits on rate and time of discharge, or any other provisions
to ensure compliance with this chapter. This action is not a prerequisite
to taking other or more severe enforcement actions.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
The AO is an enforcement document from the CLB directing the
noncompliant user to undertake, or to cease specific activities required
to bring the user into compliance with this chapter or the terms,
conditions and limitation of a wastewater discharge permit as determined
by the CLB. The circumstances of a user's noncompliance may dictate
which theme the administrative order takes to achieve the earliest
possible return to compliance by the user. AOs may include administrative
complaints. Types of AOs may include, but are not limited to, the
following:
(a)
Probation Order (PO). The PO directs the noncompliant user to achieve
compliance by a date specified in the order. The PO may be issued
when a user is in noncompliance of this chapter, or the terms, conditions
and limitations of its wastewater discharge permit, or other enforcement
action, or has not made payment of all amounts owed to the CLB, which
include, but are not limited to, any fees, charges, fines or penalties.
This action is not a prerequisite to taking other or more severe enforcement
actions.
(b)
Show Cause Order (SCO). The SCO directs the noncompliant user to
appear at a formal meeting to explain its noncompliance, and to show
cause why more severe enforcement actions against the user should
not go forward. This action is not a prerequisite to taking other
or more severe enforcement actions.
(c)
Cease and Desist Order (CDO). The CDO directs the noncompliant user
to cease illegal or unauthorized discharges immediately, or to terminate
its discharge altogether. A CDO may be issued in situations where
a particular discharge could cause interference or pass-through, or
threaten human safety or the environment. The CDO may be issued immediately
upon discovery of the problem. In an emergency, a CDO may be issued
by any means; however, such an order should be followed by a written
CDO on the user. If necessary, the CLB may order immediate cessation
of any discharge to a sewerage facility, regardless of the user's
compliance status. If a user fails to comply with the CDO, the CLB
may take any reasonable, independent action to halt the discharge.
This action is not a prerequisite to taking other or more severe enforcement
actions.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Grounds.
(1)
The CLB may suspend or revoke any wastewater discharge permit, but
is not limited to, the following, when it is determined that a user:
(A)
Violated an administrative order;
(B)
Provided a false statement, representation, record, report or other
document to the CLB;
(C)
Refused to provide records, reports, plans or other documents required
to determine wastewater discharge permit terms, conditions, or limitations,
discharge compliance, or compliance with this chapter;
(D)
Discharged effluent that causes pass-through or interference with
sewerage facilities;
(E)
Falsified, tampered with, or knowingly rendered inaccurate any monitoring
device or sample collection method;
(F)
Discharged effluent that endangers human health or the environment;
(G)
Failed to report significant changes in operations or wastewater
constituents and characteristics;
(H)
Failed to comply with the terms and conditions of any enforcement
action;
(I)
Refused reasonable access to the user's site for the purpose of inspection
and monitoring;
(J)
Failed to make timely payment of any fees, charges, fines, or penalties
owed to the CLB;
(K)
Violated any conditions or limitations of its wastewater discharge
permit or any provision of this chapter;
(L)
Discharged batch dumps to sewerage facilities not authorized or permitted
by the CLB.
(b)
Notice of Wastewater Discharge Permit Suspension/Revocation. When
the CLB has reason to believe that grounds exist for the suspension/revocation
of a wastewater discharge permit, written notice shall be given by
certified mail to the permittee setting forth a statement of facts
and grounds deemed to exist together with a description of the time
and place where the charge shall be heard by the city manager. The
hearing date shall not be less than fifteen days nor more than sixty
days after the mailing of such notice.
(c)
Hearing on Wastewater Discharge Permit Suspension/Revocation.
(1)
At the wastewater discharge permit suspension or revocation hearing,
the user shall have an opportunity to respond to the allegations set
forth in the notice. The hearing shall be conducted in accordance
with procedures established by the city manager and approved by the
city attorney.
(2)
After the hearing, the city manager's designee shall submit a written
report to the city manager setting forth a brief statement of facts
found to be true, a determination of the issues presented, conclusions,
and a recommendation.
(3)
Upon receipt of the written report, the city manager shall make his
or her determination. Should he or she find that the grounds exist
for suspension or revocation of the wastewater discharge permit, he
or she shall issue his or her decision and order, in writing within
thirty days after the hearing by his or her designee. A copy of the
written decision shall be sent by personal delivery or certified mail
to the user.
(d)
Effect of Wastewater Discharge Permit Suspension.
(1)
Upon the issuance of an order of suspension by the city manager,
the user shall have no right to discharge any industrial wastewater,
directly or indirectly to sewerage facilities for the duration of
the suspension. All costs for physically terminating and reinstating
service shall be paid by the user.
(e)
Effect of Wastewater Discharge Permit Revocation.
(1)
On the effective date of a wastewater discharge permit revocation
being final, the user shall permanently lose all rights to discharge
any industrial wastewater directly or indirectly to sewerage facilities.
All costs for physical termination shall be paid by the user.
(2)
Each owner and employee of the user shall be bound by the order of
wastewater discharge permit revocation.
(3)
Any future application from any user subject to an order of wastewater
discharge permit revocation will only be considered by the CLB after
fully reviewing the records of revocation. Such records may be the
basis for denial of a new wastewater discharge permit.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
The CLB may physically terminate water or sewer service to any
user that violates or continues to violate the provisions of this
chapter, a term of any order of suspension or revocation of a wastewater
discharge permit or other control mechanism. All costs for physical
termination shall be paid for by the user as well as all costs for
reinstating services.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
The CLB may suspend sewer service when such suspension is necessary,
in order to stop an actual or impending discharge which presents or
may present an imminent or substantial endangerment to the health
and welfare of persons, to the environment, cause interference to
sewerage facilities, or cause the CLB to violate any state or federal
law or regulation.
(b)
An emergency suspension order is final and has no right of appeal.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
Whenever a discharge of wastewater is in violation of the provisions
of this chapter, the CLB may petition the Superior Court for the issuance
of a preliminary or permanent injunction, or both, as may be appropriate
to restrain the continuance of such discharge.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Authority. All users of the sewerage facilities are subject to administrative
or judicial enforcement actions by the CLB, EPA, State Regional Water
Quality Control Board, the city attorney or the district attorney
of Orange County. Actions may be taken pursuant to the authority and
provisions of several laws, including but not limited to:
(1)
Federal Water Pollution Control Act (Clean Water Act);
(2)
California Porter-Cologne Water Quality Act (California Water Code);
(3)
California Hazardous Waste Control Law;
(4)
Resource Conservation and Recovery Act (RCRA).
(b)
Recovery of Fines or Penalties.
(1)
Payment of fines or penalties by the CLB due to enforcement actions
of other regulatory agencies based upon a violation by the CLB whose
cause can be established as the discharge of any user which is in
violation of any provisions of this chapter or a wastewater discharge
permit shall entitle the CLB to recover from the user all cost and
expenses, including, but not limited to the full amount of fines and
penalties which the CLB has been subjected to.
(2)
Each violation shall constitute a new and separate violation and
shall be subject to the fines and penalties contained herein.
(c)
Civil Liability.
(1)
Pursuant to the authority of California Government Code Sections
54739 through 54740, any user, permittee, discharger or other person
who violates any provision of this chapter, any wastewater discharge
permit condition, prohibition or effluent limitation, or any order,
compliance schedule, suspension of revocation shall be civilly liable
for a sum not to exceed twenty-five thousand dollars per violation
for each day in which such violation occurs.
(2)
Pursuant to the authority of 33 U.S.C. 1251 et seq., any user, permittee,
discharger or other person who violates any provision of this chapter,
any wastewater discharge permit condition, prohibition or effluent
limitation, or any order, compliance schedule, wastewater discharge
permit suspension or revocation shall be civilly liable for a sum
not to exceed twenty-five thousand dollars per violation for each
day in which such violation occurs.
(3)
The CLB may petition the superior court to impose, assess and recover
penalties or other such penalties as the CLB may impose, assess and
recover pursuant to federal or state legislative authorization.
(4)
Notwithstanding any other provisions of law, all civil penalties
imposed by the court for a violation of this chapter shall be distributed
to the CLB.
(5)
Remedies under this section are in addition to and do not supersede
or limit any and all other remedies, civil or criminal. No liability
shall be recovered under this section for any violation for which
liability is recovered under subsection d of this section.
(d)
Administrative Complaint.
(1)
Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the CLB may issue an administrative complaint
to any user, permittee, discharger or other person who violates any
provision of this chapter, any wastewater discharge permit condition,
prohibition or effluent limitation, or any administrative, suspension
or revocation order or other control mechanism.
(2)
The administrative complaint shall be served by personal delivery
or certified mail on such person, and shall inform the person that
a hearing shall be conducted within sixty days following service.
The administrative complaint will allege the act or failure to act
that constitutes the violation(s), set forth the provisions of law
authorizing civil liability to be imposed and the proposed civil penalty.
The matter shall be heard by the city manager or designee. The person
to whom an administrative complaint has been issued may waive the
right to a hearing, in which case a hearing shall not be conducted.
(3)
At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by presenting
written or oral evidence. The hearing shall be conducted in accordance
with the procedures established by the city manager and approved by
the CLB's city attorney.
(4)
After the conclusion of the hearing, the city manager's designee
shall submit a written report to the city manager setting forth a
brief statement of the facts found to be true, a determination of
the issues presented, conclusions, and a recommendation. Upon receipt
of the written report, the city manager shall make his or her determination,
and should he or she find that grounds exist for assessment of a civil
penalty, he or she shall issue his or her decision and order in writing
within thirty calendar days after the conclusion of the hearing. If
not appealed, the order shall be final thirty-one days after it is
served on the person.
(5)
A person dissatisfied with the decision of the city manager may appeal to the council pursuant to Section 17.30.412 of this chapter within thirty days of notice of the city manager's decision.
(6)
If, after the hearing or appeal, if any, it is found that the person
has violated reporting or discharge requirements or other provisions
of this chapter, the city manager or council may assess a civil penalty
against that person.
(7)
In the determination of the amount of the civil penalty, all relevant
circumstances may be taken into consideration, 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 violations, the length of time over which the violation occurs
and the corrective action(s), if any, attempted or taken by the person.
(8)
Civil penalties may be assessed as follows:
(A)
In an amount which shall not exceed two thousand dollars for each
day for failing or refusing to furnish technical or monitoring reports;
(B)
In an amount which shall not exceed three thousand dollars for each
day for failing or refusing to timely comply with any compliance schedule;
(C)
In an amount which shall not exceed five thousand dollars per violation
for each day for discharges in violation of any waste discharge limitation,
wastewater discharge permit condition, other control mechanism or
requirement issued, reissued, or adopted by the CLB;
(D)
In an amount which does not exceed ten dollars per gallon for discharges
in violation of any suspensions, cease and desist order or other orders,
or prohibition issued, reissued, or adopted by the CLB.
(9)
Payment of civil penalties shall be due within thirty days of the
date of the order assessing the penalties becomes final. The amount
of any administrative civil penalties imposed which have remained
delinquent for a period of sixty days from the date they are due shall
constitute a lien against the real property of the discharger from
which the discharge resulting in the imposition of the penalty originated.
The lien shall have no force and effect until recorded with the county
recorder and when recorded shall have the force and effect and priority
of a judgment lien and continue for ten years and be renewable in
accordance with law.
(10)
Copies of the administrative order shall be served by personal service
or by registered mail upon the party served with the administrative
complaint and upon other persons who appeared at the hearing and requested
a copy of the order.
(11)
Any party aggrieved by a final order issued by the council after
granting review of the order of the city manager may obtain review
of the order of the council in the Superior Court, by filing in the
court a petition for writ or mandate within thirty days following
the service of a copy of the decision and order issued by the council.
(12)
Any party aggrieved by a final order issued by the city manager,
for which the council denies review, may obtain review of the order
of the city manager in the Superior Court, by filing in the court
a petition for writ of mandate within thirty days following service
of a copy of a decision and order denying review by the council.
(13)
No administrative civil penalties shall be recoverable under this
section for any violation for which civil liability is recovered under
subsection c of this section.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Any person who violates any provision of this chapter is guilty of
a misdemeanor, which upon conviction is punishable by a fine not to
exceed one thousand dollars or imprisonment for not more than thirty
days or both.
(b)
Each violation shall constitute a new and separate violation and
shall be subject to the penalties contained herein.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Discharge of wastewater in a manner that is in noncompliance or violation
of this chapter or of any order issued by the CLB, in accordance with
this chapter, shall hereby be declared a public nuisance and shall
be corrected or abated as directed by the CLB.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
General.
(1)
Any user affected by a decision, action or determination made by
CLB staff may file with the city manager a written request for an
appeal hearing.
(2)
Request must be made within fifteen days of the mailing of the original
decision.
(3)
Request for hearing shall set forth details of all facts supporting
the appellant's request for hearing.
(b)
Notice.
(1)
The city clerk shall, within fifteen days of receiving the request
for appeal provide written notice to the user of the hearing date,
time, and place.
(2)
The hearing time shall not be more than thirty days from the mailing
of such notice by certified mail to the appellant unless a later date
is agreed to by the appellant.
(3)
If the hearing is not held within the time set due to actions of
the appellant, then the CLB's decision shall be deemed final.
(d)
Written Determination.
(1)
After the hearing the city manager shall make a determination whether
to uphold, modify or reverse original decision, action or determination
as issued by CLB staff.
(2)
This decision shall be put into writing within a brief statement
of facts found to be true, the determination of the issues presented,
and the findings.
(3)
The final determination of the city manager upon his or her approval
shall be executed as the order.
(4)
A copy shall be mailed or delivered to the appellant.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
General.
(1)
The user may, within thirty days after the date of notification of
the city manager's order upholding the CLB's determination, file a
written appeal to the council.
(2)
A fee of one hundred dollars shall accompany the written appeal which
shall be refunded if the council reverses or modifies the order of
the city manager.
(3)
A request for appeal to the council shall set forth details of the
past record and that new arguments cannot be raised on appeal to the
council that could have been, but were not, raised in the prior appeal
to the city manager.
(4)
Pending the hearing on appeal, the user shall not be entitled to
discharge into sewerage facilities beyond the effective date of the
original order determined by the city manager, unless it has been
determined by the city manager that the user is pursuing good faith
arguments and approves such discharge.
(b)
Notice.
(1)
The city clerk, within fifteen days of receiving the request for
appeal, will provide written notice to the user of the hearing date,
time and place.
(2)
The hearing date shall not be more than forty-five days from the
mailing of such notice by certified mail to the appellate unless a
later date is agreed to by the appellant.
(3)
If the hearing is not held within the time set due to action of the
appellant, the city manager's decision shall be deemed final.
(d)
Written Determination.
(1)
After the hearing, the council shall make a determination whether
to uphold, modify or reverse the original decision, action or determination
as ordered by the city manager.
(2)
The decision of the council shall be reduced to writing within thirty
days after the hearing.
(3)
It shall contain a brief statement of facts found to be true, the
determination of the issues presented, and the findings. The decision
shall be submitted to the appellant.
(4)
The order of the council shall be final upon its adoption.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Purpose and Effect. Pursuant to Section 1094.6 of the California
Code of Civil Procedure, the time in which a user may bring an administrative
mandamus action shall be limited to ninety days following the final
decision in the adjudicative administrative hearing in question.
(b)
Time Limit for Judicial Review. Judicial review of any decision of
the council may be made pursuant to Section 1094.5 of the California
Code of Civil Procedure only if the petition for writ of mandate is
filed no later than ninety days following the date on which any decision
becomes final.
(c)
Preparation of Records.
(1)
The complete record of the proceedings shall be prepared by the CLB
and shall be delivered or mailed to the petitioner within one hundred
ninety days after they have filed a written request.
(2)
The CLB shall recover from the petitioner its actual costs for preparing
and transcribing the record.
(d)
Extension. If the petitioner files a request for the record within
ten days after the date the decision becomes final, the time within
which a petition may be filed, pursuant to Section 1094.5 of the California
Code of Civil Procedures, shall be extended to no later than thirty
days following the date on which the record is delivered or mailed,
by the CLB, to the petitioner or the petitioner's attorney of record,
if appropriate.
(e)
Notice. In making a final decision, the CLB shall provide notice
to the user whose wastewater discharge permit has been denied, suspended
or revoked, that the time in which judicial review must be sought
is governed by Section 1094.6 of the California Code of Civil Procedures.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Except as otherwise provided, all fees and charges are due and payable
upon receipt of an invoice or notice thereof. All such amounts are
delinquent if unpaid forty-five days after date of invoice or notice.
(b)
Any invoice or notice that becomes delinquent may have added to it
an assessment in accordance with the following:
(1)
Forty-six days after the date of invoice or notice, an assessment
of ten percent of the base amount, not to exceed a maximum of one
thousand dollars.
(2)
Ninety days after the date of invoice or notice, a total of twenty-five
percent of the base amount, not to exceed a maximum of two thousand
five hundred dollars.
(c)
Any invoice or notice that is outstanding and unpaid after ninety
days may be cause for immediate initiation of wastewater discharge
permit revocation proceedings or immediate wastewater discharge permit
suspension.
(d)
Delinquent assessments under this section may not accrue to those
invoices or notices successfully appealed, provided the CLB received
written notice of appeal prior to the payment due date.
(e)
Payment of disputed fees and charges are still required by the due
date during review of any appeal submitted by permittee.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
In the event a user fails to comply with any of the terms and
conditions of this chapter, wastewater discharge permit, administrative
order, wastewater discharge permit suspension or revocation, other
control mechanism, or any other enforcement action, the CLB shall
be entitled to reasonable attorneys' fees and costs which may be incurred
during enforcement of any terms and conditions with or without filing
proceedings in court.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
Compliance Deposit.
(1)
Users that have been subject to enforcement actions or fees, charges,
penalties, or fines may be required to deposit with the CLB an amount
determined by the city manager as necessary to guarantee payment of
all charges, fees, costs and expenses that may be incurred in the
future.
(2)
A compliance deposit shall be received by the CLB before the CLB
either issues a wastewater discharge permit, other control mechanism
or grants the user permission for further discharge to sewerage facilities.
(b)
Delinquent Accounts. Any user who fails to make payment in full of
all fees, charges, penalties or fines assessed by the CLB including
reconciliation amounts, delinquency fees, and other costs, may be
required to obtain the issuance of an amendment to their wastewater
discharge permit.
(c)
Bankruptcy. Any user filing any legal action in any court of competent
jurisdiction, including the United States Bankruptcy Court, for purposes
of discharging its financial debts or obligations or seeking court-ordered
protection from its creditors, shall within ten days of filing such
action, apply for and obtain the issuance of an amendment to its wastewater
discharge permit by the CLB.
(d)
Wastewater Discharge Permit Amendments. An amendment issued to the
user's wastewater discharge permit shall be in accordance with the
provision of this chapter.
(e)
Security Deposit.
(1)
An amendment to a wastewater discharge permit issued in accordance
with this chapter may be conditional upon the user depositing financial
security in an amount equal to the total fees and charges from the
preceding year.
(2)
Such a deposit shall be used to guarantee payment of all fees and
charges incurred for future services and sewerage facilities provided
by the CLB and shall not be used by the CLB to recover outstanding
fees and charges incurred prior to the user filing and receiving protection
from creditors in the United States Bankruptcy Court.
(f)
Return of Security Deposit. If the user makes full payment in time
of all fees and charges incurred over a period of two years following
the issuance of an amendment to the user's wastewater discharge permit
prescribed by this chapter, the user's security deposit shall be returned
or credited to the user's account.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
All collected data from inspection and monitoring sampling conducted
by the CLB may be reported to the user. This data, if given to the
user, shall be kept by the user and the CLB and made available during
inspections by the CLB or any other regulatory agency.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
When a discharger of wastes causes an obstruction, interference,
damage, or other impairment to sewerage facilities or to the operation
of sewerage facilities, the CLB may assess the costs against the user
for the work required to clean, replace or repair the sewerage facility
together with expenses incurred to resume normal operations. This
shall also be grounds for wastewater discharge permit revocation.
A service charge of twenty-five percent of costs shall be added to
the costs and charges to cover the CLB's overhead, including administrative
personnel and record keeping. The total amount shall be payable within
forty-five days of invoicing by the CLB.
(b)
If it can be shown that the discharge of any user is the cause of
the CLB violating its NPDES permit and pretreatment requirements established
by any regulatory agency or incurring additional expenses or suffering
losses or damage to CLB facilities, then that user shall be responsible
for any costs, expenses, or assessments incurred by the CLB, made
by other agencies or a court.
(c)
Where two or more dischargers cause a single and indivisible harm
to sewerage facilities, each is jointly and severally liable for the
damages. The burden of proof is on the dischargers to demonstrate
that the harm is divisible.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
If an industrial waste discharge results in a "pass-through" event
in sewerage facilities, all costs associated with the event, including,
but not limited to, treatment costs, fines, regulatory fines, and
other indirect costs may be charged against the user.
(b)
The user shall submit plans which prevent future recurrences to the
satisfaction of the CLB.
(c)
A second occurrence shall be grounds for wastewater discharge permit
revocation without the right of appeal.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
When the CLB determines that a user has discharged concentrated noncompatible
wastes into sewerage facilities in a manner or method that is not
approved by the CLB, any enforcement action may be taken as set forth
in this chapter.
(b)
The user shall be subject to wastewater discharge permit suspension
or revocation in accordance with this chapter as well as any other
legal enforcement penalties or remedies available to the CLB.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
(a)
To comply with the requirements of 40 CFR 403, the CLB shall annually
publish the names of all industrial users that are in SNC of federal
pretreatment standards.
(b)
Publication of this SNC notice shall be in the newspaper of general
circulation that provides meaningful public notice within the CLB
service area.
(c)
The determination of SNC is based upon the definition set forth in Section 17.30.051(b)(87) of this chapter.
(Ord. 1328 § 1, 1997; Ord. 1520 § 1, 2010)
