The Public Works Director shall investigate instances of noncompliance with any provision of this title, or with any pretreatment standards and requirements, as indicated in the reports and notices required under 40 CFR Part 403.12, or indicated by analysis, inspection, and surveillance activities performed by the Public Works Director. The City shall conduct enforcement proceedings in accordance with its Enforcement Response Plan. The Enforcement Response Plan, adopted by resolution of the City Council, is incorporated herein by reference and may be amended from time to time to ensure consistent application of the provisions of this title and Federal and State regulations.
(Ord. 5675, 2014)
A. 
Notification of discharge. Any user who causes or permits a discharge which violates any applicable law, regulation, or the Wastewater Discharge Permit shall immediately notify the Public Works Director. Notification by the user as required in this section shall not, however, relieve the user of liability for any expense, loss or damage to any community sewer or the POTW which occurs, directly or indirectly, as a result of the discharge, nor shall notification by the user relieve the user of liability for any expense, fee or fine incurred by the City as a result of the discharge. No later than 14 days after the discharge, the user shall deliver to the Public Works Director a detailed written statement describing the cause(s) of the discharge and the measures taken and/or to be taken to prevent similar discharges.
B. 
Notices to employees. Each user shall make available to its employees, if any, current copies of this title and all other information or notices sent to the user by the City that describe or discuss effective water pollution control.
C. 
Preventive measures. Each user shall eliminate any direct or indirect connection or entry point in the plumbing and/or drainage system on the user's premises if the connection or entry point can or does allow any Incompatible pollutant to enter a community sewer. Where it would be impracticable or unreasonable to eliminate this kind of connection or entry point, the user shall label these connections and entry points in a manner designed to prevent persons from causing Incompatible pollutants to enter the community sewer.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
When the Public Works Director finds that any user has violated, or continues to violate, a provision of this title, a Wastewater Discharge Permit, an order issued hereunder, a pretreatment standard or requirement, or any applicable local, State or Federal law, the Public Works Director may serve upon such user a written Notice of Violation. Within 14 calendar days of the date of the Notice of Violation, user shall submit to the City a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, which shall include specific required actions to be taken. Submission of this plan in no way relieves the user of liability for any violations occurring before or after the date of the notice of violation. Nothing in this section limits the authority of the City to take emergency action, or any other enforcement action, without issuing a Notice of Violation.
(Ord. 5675, 2014)
When the Public Works Director finds that a user has violated, or continues to violate, any provision of this title, a Wastewater Discharge Permit, an order issued hereunder, or any other pretreatment standards or requirement, or that the user's past violations are likely to reoccur, the City may issue an order to the user directing it to cease and desist all violations and directing the user to immediately comply with all requirements of this title and applicable local, State and Federal law. Nothing in this section limits the authority of the City to take emergency action, or any other enforcement action, without issuing a Cease and Desist Order.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
A. 
When the Public Works Director finds that a discharge of wastewater has been taking place in violation of prohibitions or limitations prescribed in this title, wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a Wastewater Discharge Permit, the City may require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of any of these requirements.
B. 
If the Public Works Director determines that a discharge has occurred or is occurring, and that the discharge violates any applicable regulation or Wastewater Discharge Permit, the Public Works Director may require the person who caused or permitted the discharge to submit to the City a detailed time schedule of specific actions which the person shall take in order to prevent or correct any violation of any applicable regulation or Wastewater Discharge Permit.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5675, 2014)
A. 
Request for reconsideration. Any user, permit applicant, permit holder, or person affected by any decision, action or determination, including the assessment of fines and civil penalties, Cease and Desist Orders, revocation of a permit, and other administrative remedies, made by the Public Works Director, interpreting or implementing the provisions of this title or in any permit issued herein, may file with the Public Works Director a written request for reconsideration within 15 calendar days of such decision, action, or determination, setting forth in detail the facts supporting the user's or person's request for reconsideration.
B. 
Public Works Director decision remains in effect pending appeal. The decision, action or determination of the Public Works Director shall remain in effect during such period of reconsideration and during the period of any appeal or judicial review under the provisions of this code.
C. 
Appeal to City Council. A decision, action or determination of the Public Works Director, after reconsideration is granted or denied, may be appealed to the City Council under the provisions of Chapter 1.30 of this code, except that, as to decisions to assess administrative penalties in accordance with Chapter 16.12 herein, the time limit for judicial review that is to be found in California Code of Regulations Section 54740.6, as may be amended from time to time, shall control to the extent allowed by law.
(Ord. 3883, 1977; Ord. 4589, 1989; Ord. 5078, 1998; Ord. 5675, 2014)
A. 
Upset.
1. 
For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
2. 
An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of paragraph 3 below are met.
3. 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed and contemporaneous operating logs, or other relevant evidence that:
a. 
An upset occurred and the user can identify the cause(s) of the upset;
b. 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
c. 
The user has submitted the following information to the City within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
i. 
A description of the indirect discharge and cause of noncompliance;
ii. 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
iii. 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
4. 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
5. 
Users may seek a judicial determination of a claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.
6. 
Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of their treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
B. 
Prohibited discharge standards.
1. 
A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Chapter 16.04 of this title if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference, and that either:
a. 
A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
b. 
No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
C. 
Bypass.
1. 
A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is essential for maintenance to assure efficient operation. A bypass meeting this limitation is not subject to the provisions of paragraphs 2 or 3 below.
2. 
Bypass Notifications.
a. 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the Public Works Director at least 10 days before the date of the bypass, if possible.
b. 
A user shall submit oral notice to the Public Works Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five calendar days of the time that the user becomes aware of the bypass. The written submission shall contain: a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Public Works Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
3. 
Prohibited Bypass.
a. 
Bypass is prohibited and the Public Works Director may take an enforcement action against a user for a bypass, unless all of the following are met:
i. 
Bypass is unavoidable to prevent loss of life, personal injury or severe property damage, which means substantial physical damage to property, damage to the treatment facilities which causes them to be inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;
ii. 
There was no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
iii. 
The user submitted notices as required by paragraph 2 of this subsection.
b. 
The Public Works Director may approve an anticipated bypass after considering its adverse effects if the Public Works Director determines that the bypass will meet the three conditions listed in paragraphs (a)(i) through (iii) above.
(Ord. 5675, 2014)