The public works director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for the noncompliance. Such documents shall 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 14.72.030 and 14.72.040 of this chapter.
(Ord. 03-03 § 11, 2003)
A. 
The public works director may order a user that has violated, or continues to violate, any provision of this title, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement, to appear before the public works director 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.
B. 
The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the meeting. Such notice may be served on any authorized representative of the user. An order to show cause shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 03-03 § 11, 2003)
A. 
When the public works director finds that a user has violated, or continues to violate, any provision of this title, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement, the public works director 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 until such time as the conditions of the administrative order have been satisfied.
B. 
Issuance of an administrative compliance order shall not be a bar against, or a prerequisite for, the taking of any other action against the user.
(Ord. 03-03 § 11, 2003)
A. 
When the public works director finds that a user has violated, or continues to violate, any provision of this title, an IWD permit or order issued hereunder, or any pretreatment standard or requirements, or that the user's past violations are likely to recur, the public works director may issue an order to the user directing the user to cease and desist all such violations and directing the user to:
B. 
Immediately comply with all applicable requirements; and
C. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
D. 
Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, the taking of any other against the user.
(Ord. 03-03 § 11, 2003)
A. 
When the public works director finds that a user has violated, or continues to violate, any provision of this title, an IWD permit or an order issued hereunder, or any pretreatment standard or requirement, the public works director may issue an administrative complaint alleging the act or failure to act that constitutes the violation, the provisions of law authorizing imposition of the administrative fine, and the proposed administrative fine.
B. 
The administrative complaint shall be served by personal delivery or certified mail on the user and shall inform the user that a hearing shall be conducted within 60 days after the user has been served. The hearing officer shall be the public works director or the director's designee. The user may waive the right to a hearing, in which case the hearing officer shall not conduct the hearing and decide the matter based upon the administrative complaint.
C. 
The public works director may impose administrative fines as follows:
1. 
In an amount not to exceed $2,000 per day for failing or refusing to furnish a self-monitoring report or any other technical report required by this title;
2. 
In an amount not to exceed $3,000 per day for failing or refusing to timely comply with any compliance schedule order by the public works director;
3. 
In an amount not to exceed $5,000 per violation per day for discharges in violation of discharge standards or limits, permit conditions, or prohibitions issued, reissued, or adopted by the public works director; and
4. 
In an amount not to exceed ten dollars per gallon for discharges in violation of any suspension, cease-and-desist order or other orders, or prohibitions issued, reissued, or adopted by the public works director.
D. 
The amount of any administrative fine imposed under this section, which remains delinquent for a period of 60 days or more, shall accrue interest at a standard rate of ten percent per year. Further, the amount of any administrative fine and interest accrued that remains delinquent after 60 days shall constitute a lien against the real property of the user from which the discharge originated.
E. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action, whether criminal or civil, against the user.
(Ord. 03-03 § 11, 2003)
A. 
The public works director may immediately suspend a user's permission to discharge into the system, whenever such suspension is necessary to stop an actual or threatened discharge that could or does cause an imminent or substantial endangerment to the operation of the system, to the environment or the public health, safety or welfare. The public works director may also immediately suspend a user's discharge, after the user is given notice and opportunity to respond, that threatens to interfere with the operation of the system, or that presents, or may present, an endangerment to the environment or the public health, safety or welfare.
B. 
Any user notified of the suspension of the user's permission to discharge into the system shall immediately halt discharge into the system. In the event any user fails to immediately comply voluntarily with the suspension order, the public works director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, the receiving waters, to the environment or the public health, safety or welfare. The public works director may allow the user to recommence discharge when the user has demonstrated to the satisfaction of the public works director that the threat of endangerment has passed, unless the termination proceedings set forth in this chapter are initiated against the user.
C. 
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 or potentially harmful discharge and the measures taken to prevent any such future occurrence, to the public works director before the date of any order to show cause or termination hearing under Sections 14.72.020 and 14.72.040 of this chapter.
D. 
Nothing in this section shall be interpreted as requiring any hearing before issuance of any suspension order and the taking of any action permitted under this section.
(Ord. 03-03 § 11, 2003)
A. 
In addition to all other remedies available under this title, federal, state and local law, the public works director may terminate any user's permission to discharge into the system if the user does any of the following acts:
1. 
Violates IWD permit conditions;
2. 
Fails to accurately report the wastewater constituents and characteristics of the user's discharge;
3. 
Fails to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
4. 
Refuses reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or
5. 
Violates the pretreatment standards in this chapter.
B. 
Any user violating the provisions in Section 14.72.040 will be notified of the proposed termination of the user's permission to discharge into the system and be offered an opportunity to show cause under Section 14.72.020 of this chapter why the proposed action should not be taken. Exercise of this option by the public works director shall not be a bar to, or a prerequisite for, taking any action, whether criminal or civil, against the user.
(Ord. 03-03 § 11, 2003)
Except for actions taken pursuant to Section 14.72.060, all actions taken by the public works director or the director's designee pursuant to this title may be appealed to the city council in accordance with Chapter 1.24, Administrative Appeals and Judicial Review, of this code. Any appeal to the city council shall include all legal arguments and factual evidence. The action of the city council on any appeal, shall be deemed the final and conclusive action of the city. In the event of a tie vote of the city council, the action of the public works director shall be deemed to have been upheld.
(Ord. 03-03 § 11, 2003)
A. 
When the public works director finds that a user has violated, or continues to violate, any provision of this title, an IWD permit, or an order issued hereunder, or any other pretreatment standard or requirement, the public works director, through the city attorney, may petition the superior court of the county of Santa Barbara for the issuance of a temporary or permanent injunction, as appropriate, that restrains or compels the specific performance of the conditions/requirements of an IWD permit, order, or other requirement imposed by this title on activities of the user.
B. 
The city may also seek other appropriate legal and/or equitable relief; including an order for the user to perform environmental remediation. A petition for injunctive relief shall not be a bar against, or prerequisite for, the taking of any action, whether criminal, civil, or administrative against a user.
(Ord. 03-03 § 11, 2003)