When the pretreatment coordinator finds that a user has violated,
or continues to violate, any provision of this chapter, an individual
wastewater discharge permit or a general permit or order issued hereunder,
or any other Pretreatment Standard or Requirement, the pretreatment
coordinator may petition a Magistrate as defined by, California Penal
Code Section 808, per California
Penal Code Section 1528, of state
of California, through the city's attorney for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the individual wastewater discharge permit,
the general permit, order, or other requirement imposed by this chapter
on activities of the user. The pretreatment coordinator may also seek
such other action as is appropriate for legal and/or equitable relief,
including a requirement for the user to conduct environmental remediation.
A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(Ord. 757 § 11, 2010; Ord. 816 § 4, 2019)
A. A user
who has violated, or continues to violate, any provision of this chapter,
an individual wastewater discharge permit, or a general permit, or
order issued hereunder, or any other Pretreatment Standard or Requirement
shall be liable to the city for a maximum civil penalty of not less
more than one thousand dollars per violation, per day. In the case
of a monthly or other long-term average discharge limit, penalties
shall accrue for each day during the period of the violation.
B. The
city may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling
and monitoring expenses, and the cost of any actual damages incurred
by the city.
C. In
determining the amount of civil liability, the court shall take into
account all relevant circumstances, including, but not limited to,
the extent of harm caused by the violation, the magnitude and duration
of the violation, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user,
and any other factor as justice requires.
D. Filing
a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a user.
(Ord. 757 § 11, 2010; Ord. 816 §§ 3, 4, 2019)
A. A user
who willfully or negligently violates any provision of this chapter,
an individual wastewater discharge permit, or a general permit, or
order issued hereunder, or any other Pretreatment Standard or Requirement
shall, upon conviction, be guilty of a misdemeanor, punishable by
a fine of not more than one thousand dollars per violation, per day,
or imprisonment for not more than six months, or both as per California
Penal Code Section 19.
B. A user
who willfully or negligently introduces any substance into the POTW
which causes personal injury or property damage shall, upon conviction,
be guilty, at a minimum of a misdemeanor and be subject to a penalty
of at least one thousand dollars, or be subject to imprisonment for
not more than six months, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
C. A user
who knowingly makes any false statements, representations, or certifications
in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, individual
wastewater discharge permit, or general permit, or order issued hereunder,
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter shall, upon
conviction, be punished by a fine of not more than one thousand dollars
per violation, per day, or imprisonment for not more than six months,
or both.
D. In
the event of a second conviction, a user shall be guilty of a felony
and punished by a fine of not more than one thousand dollars per violation,
per day, or imprisonment for not more than sixteen months, or both
as per California
Penal Code Section 18 et seq.
(Ord. 757 § 11, 2010; Ord. 816 § 4, 2019)
The remedies provided for in, this chapter are not exclusive.
The city may pursue any lawful remedy or any combination of lawful
remedies that is available against a noncompliant user. The enforcement
of pretreatment violations will generally be in accordance with the
"city of Crescent City, California Enforcement Response Plan" June
2013 (Revised February 2017) or most recent version. A copy of the
most recent Enforcement Response Plan is available at City Hall and
at the city webpage (
http://crescentcity.org/). However, the pretreatment coordinator may take other action against
any user when the circumstances warrant. Further, the pretreatment
coordinator is empowered to take more than one enforcement action
against any non-compliant user.
(Ord. 757 § 11, 2010; Ord. 799 § 3, 2017)