SRCSD shall annually publish in the largest newspaper of general
circulation within the service area a list of the users that were
in significant noncompliance of their wastewater discharge permit
at least once during the twelve previous months.
(Ord. 13-2 § 3)
Whenever a user is in noncompliance of their wastewater discharge
permit issued by SRCSD, all notices, enforcement actions and penalties
shall be issued and enforced in accordance to SRCSD's Consolidated
Ordinance.
(Ord. 13-2 § 3)
A.
Whenever
the city manager finds that any user has violated, is violating, threatens
to violate, or continues to violate, this chapter and the city manager
determines that the violation is minor in nature, the city manager
may issue a correction notice to the user.
B.
Whenever
the city manager finds that any user has violated, is violating, threatens
to violate, or continues to violate, this chapter, the city manager
may serve upon such user a written notice of violation containing
the city manager's findings. Within thirty days of the date of the
notice of violation, the user shall submit to the city manager a technical
report and response consisting of an explanation of the violation
and a plan for the satisfactory correction and prevention of reoccurrences
thereof, including specific required actions and proposed dates for
completion of such action. Submission of this response shall not relieve
the user of liability for any violations occurring either before or
after receipt of the notice of violation. Nothing in this section
shall limit the authority of the city manager to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
C.
As
a part of a notice of violation or in lieu thereof, a user may be
ordered by the city manager to show cause why a proposed enforcement
action should not be taken. A show cause order shall be served on
the user specifying the time and place of the hearing regarding the
violation, the reasons why the action is to be taken, the proposed
enforcement action, and directing that the user show cause before
the city manager why the proposed enforcement action should not be
taken. The show cause order shall be served personally or by registered
or certified mail (return receipt requested) at least ten days before
the hearing. A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
D.
In
the event of the issuance of a show cause order pursuant to this section,
the city manager shall conduct the hearing and:
1.
Issue
in the name of the city notices of hearing requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in such hearings;
2.
Take
the evidence; and
3.
Prepare
a report of the evidence and hearing, together with recommendations
for action thereon.
(Ord. 13-2 § 3)
A.
When
the city manager finds that a user has violated, is violating, threatens
to violate, or continues to violate, any provision of this chapter,
or that the user's past violations are likely to recur, the city manager
may issue a cease and desist order (also known as a compliance directive)
to the user directing the user to cease and desist all such violations
and further directing the user to:
B.
Issuance
of a cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(Ord. 13-2 § 3)
A.
Continued
habitation of any building or premises during any period of termination
or suspension of sewer services, or the continued habitation, occupancy
or operation of any facility in violation of the provisions of this
chapter or any ordinance, rule or regulation of the city related to
sewer use (including, but not limited to, pretreatment requirements),
is declared to be a threat to public health and a public nuisance.
Violation of any of the provisions of this chapter, or a wastewater
discharge permit, is hereby declared to be a threat to public health
and a public nuisance.
B.
When
the city manager finds that any person or user has violated, is violating,
threatens to violate, or continues to violate, any provision of this
chapter the city manager may request that the city attorney bring
an action in the name of the city for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance, of the order, or other requirement imposed
by this chapter on activities of the user. The city attorney may also
seek such other legal and/or equitable remedies as are appropriate,
including a requirement for the user to conduct environmental remediation
or that the user pay such actual and compensatory damages as may have
been incurred by the city.
C.
A complaint
for injunctive relief or for damages shall not be a bar against, or
a prerequisite for, taking any other action against a user.
(Ord. 13-2 § 3)
A.
In
General. Pursuant to the provisions of Government Code Section 54740.5
and regardless of whether or not a cease and desist order or a notice
of violation has previously been issued, upon determining that any
industrial user is violating the terms of any federal or state regulation
or law relative to the discharge of industrial wastewater or pretreatment,
or any of the provisions of this chapter relative to the discharge
of industrial wastewater or pretreatment, the city manager may serve
an administrative civil liability complaint upon such industrial user
by personal service or by certified mail, U.S. postage prepaid, at
the address indicated on the permit or at the service address if no
permit exists. The administrative complaint shall indicate the nature
of the violations found by the city manager, the provisions of law
authorizing civil liability to be imposed, and the amount of the proposed
civil penalty.
B.
Hearing.
The administrative complaint shall inform the industrial user served
that a hearing will be conducted within sixty calendar days after
service before a hearing officer designated by the city council. The
industrial user who has been issued an administrative complaint may
waive the right to a hearing, in which case the city shall not conduct
a hearing, and the proposed civil penalty shall be paid. If, after
a hearing, it is found that the industrial user has violated any reporting
or discharge requirements, the hearing officer may assess a civil
penalty against that industrial user. 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 industrial user.
C.
Appeal.
Any aggrieved person may appeal the decision of the hearing officer
to the city council by filing a written appeal with the city clerk
within thirty days of the hearing officer's decision. The appeal shall
be held within thirty days of its filing, and upon hearing the appeal,
the city council may take into consideration the same factors as the
hearing officer in determining the amount of the civil penalty.
D.
Service
of Orders. Copies of orders imposing administrative civil penalties
after either hearing or appeal 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 or appeal
and requested a copy.
E.
Amount
of Civil Penalty. Civil penalties may be imposed as follows:
1.
In
an amount not to exceed two thousand dollars for each day for failure
or refusal to furnish technical or monitoring reports;
2.
In
an amount not to exceed three thousand dollars for each day for failure
or refusal to timely comply with any compliance schedule established
in a cease and desist order;
3.
In
an amount not to exceed five thousand dollars for each day for discharges
in violation of any waste discharge limitation, or permit condition,
issued or adopted by the city relating to industrial wastewater;
4.
In
an amount not to exceed ten dollars per gallon for discharges in violation
of any suspension or termination of service, cease and desist order
(other than the compliance schedules thereof), or other orders or
prohibitions issued or adopted by the city.
F.
Payment
of Civil Penalty—Lien on Real Property. Unless appealed, orders
setting administrative civil penalties shall become effective and
final upon their issuance, and payment shall be made within thirty
calendar days. Any civil penalties which have remained delinquent
for a period of sixty calendar days (i.e., have not been paid for
ninety days after becoming final) shall constitute a lien against
the real property from which the discharge originated which resulted
in the imposition of the civil penalty. The lien shall be of no force
or effect until recorded with the county recorder and when recorded
shall have the force, effect and priority of a judgment lien and continue
for ten years from recordation unless sooner released. The lien shall
be renewable in accordance with the provisions of Sections 683.110
to 683.220 inclusive of the Code of Civil Procedure.
G.
Judicial
Confirmation. The city attorney is authorized, at his or her option,
to petition the superior court to confirm any order establishing civil
penalties pursuant to the provisions of Government Code Section 54740.5(g).
H.
Deposit
of Penalties. All moneys collected pursuant to this section shall
be deposited in a special account as designated by the finance director,
and shall be utilized for the monitoring, treatment, and control of
discharges into the wastewater collection system.
Notwithstanding any other provision of this article to the contrary, no civil penalties shall be recoverable under this section for any violation for which civil liability is recovered pursuant to Section 13.09.500.
(Ord. 13-2 § 3)
In any case where an industrial user violates any requirement adopted or ordered by the city pursuant to Government Code Section 54739(a)(1) or (2), the city may petition the superior court to impose, assess, and recover the sums provided in Government Code Section 54740; provided, however, that notwithstanding any other provision of this article to the contrary, no civil penalties shall be recoverable under this section for any violation for which administrative civil liability is recovered pursuant to Section 13.09.490.
(Ord. 13-2 § 3)
Except as otherwise expressly provided by law, all of the remedies
specified in this article are cumulative, and each is in addition
to any other remedy provided by law.
(Ord. 13-2 § 3)
Violation of any of the provisions of this chapter, or a wastewater
discharge permit, is unlawful and may be charged as a misdemeanor
or infraction in the discretion of the city attorney.
(Ord. 13-2 § 3)
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this chapter,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter, shall be
guilty of a misdemeanor.
(Ord. 13-2 § 3)
This chapter shall not be construed to limit the responsibility
or liability of any person for damage to persons or property which
may occur as a result of the discharge of wastewater nor shall the
city, nor any agency thereof, be considered as assuming any liability
in connection with the discharge of such wastewater by reason of the
performance of its duties under this chapter.
(Ord. 13-2 § 3)
