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)