The Director is hereby charged with implementing and enforcing the City's Enforcement Response Plan and all the provisions of this chapter, as may be amended from time to time by resolution.
(895-CS, Enacted, 04/11/1995; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-801; 1188-CS, Amended, 12/12/2013)
(a) 
Immediate. When the Director finds that a violation of this chapter has created conditions which are so aggravated that immediate cessation of operation is necessary, the Director may suspend the Waste Discharge Permit and serve written notice of the suspension on the holder of the Waste Discharge Permit.
(b) 
Failure to correct objectionable conditions. The Director may also suspend a Waste Discharge Permit if objectionable conditions listed in a notice to correct the objectionable conditions are not corrected within the time stipulated.
(c) 
Effect of suspension. Any person whose Waste Discharge Permit has been suspended pursuant to this section shall immediately discontinue the discharge of waste, pollutants and effluent and shall not resume the discharge until the Waste Discharge Permit has been reinstated or a new Waste Discharge Permit has been issued.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-802)
(a) 
General. The City may refuse to furnish sewer service and may discontinue or terminate sewer service to any premises where the material discharged from the premises is found by the Director to be detrimental or injurious to the sewer system or to other premises or where the Director finds that negligent or wasteful use of water exists at any premises which adversely affects the sewer system. The City has the right to refuse, disconnect, or terminate sewer service to any premises, if the Director determines the action is necessary, to protect the City against abuse or fraud.
(b) 
Cease and desist orders: Other causes for refusal, discontinuance, or termination. The Director may issue a cease and desist order to any premises found to be in violation of provisions of this chapter or of their Waste Discharge Permit. The cease and desist order may include a schedule for compliance. In the event of a threatened violation, a cease and desist order may be issued as a preventative action. Further cause for refusal, discontinuance, or termination of sewer service may exist for a violation of any provision of this chapter or delinquency in sewer service payment or a discharge that causes or threatens to cause a condition of contamination, pollution, public nuisance, pass-through or interference as defined in this chapter. Termination of sewer service by the Director shall be accomplished by written notification of termination and the reason(s) for the termination, sent by certified mail, return receipt requested, to the person to whom notice is given.
(c) 
Immediate termination of sewer service. The Director may terminate sewer service to any premises immediately if the Director determines there is an immediate or imminent public nuisance. In such circumstances, the Director, with the approval of the City, may enter the premises without written notice to do such things and expend such sums as may be necessary to abate the public nuisance. The reasonable value of the work done and the amounts expended shall be charged against the person causing the nuisance, or the owner of the premises in violation.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-803)
When a discharge of waste causes an obstruction, damage, or any other impairment to the sewer system and/or POTW, the City may assess a charge against the user, premises owner, and/or person violating the provisions of this chapter for the work required to clean or repair the facility and add the charge to the user's sewer service charge.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-804)
The discharge of waste in violation of the provisions of this chapter or of any order issued by the Director is hereby declared a public nuisance and shall be corrected or abated, at the user's sole expense, as directed by the Director.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-805)
No person shall knowingly make any false statement, representation, record, report, plan, or other document filed with, or to be filed with or taken by, the City.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-806)
The City may correct any violation of the provisions of this chapter. The cost of the correction, including attorney's fees, may be added to any sewer service charge payable by the person violating the chapter or the owner of the premises in violation. The City shall have such remedies for the collection of the costs as it has for the collection of sewer service charges.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-807)
The City may petition the Superior Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of the provisions of this chapter.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-808)
Any person who violates any provision of this chapter or any pretreatment standard or other pretreatment requirements, or the requirements or conditions set forth in a Waste Discharge Permit or who discharges waste which causes pollution or exceeds effluent limitations, pretreatment standards or toxicity standards shall be liable civilly and/or criminally for liabilities imposed by the City. Civil liability shall be not less than One Thousand and no/100ths ($1,000.00) Dollars or more than Ten Thousand and no/100ths ($10,000.00) Dollars for each day in which the violation occurs or continues. The City may petition the Superior Court to enforce and recover such sums. In determining such amount, the City shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurred, the corrective action, if any, and the fines and penalties imposed on the City by other agencies.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-809)
(a) 
Administrative complaint. The City may issue an administrative complaint to any person who violates any requirement adopted or ordered by the City pursuant to this chapter. The administrative complaint shall allege with particularity, the act or failure to act that constitutes the violation, the chapter and section of the Turlock Municipal Code or Waste Discharge Permit provision violated, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty, and shall be served by personal delivery or certified mail on the person subject to the discharge requirements. In addition, the administrative complaint shall inform the person served that a hearing before a hearing officer as designated by the Council shall be conducted within sixty (60) days after the person has been served. Any person entitled to a hearing may waive the right to a hearing, in which case the City shall not conduct a hearing. Persons aggrieved by the provisions of this section may also avail themselves of the administrative adjudication procedures set forth in this and the following sections of this article.
(b) 
Civil penalties. If after the hearing, if any, it is found that the person affected by an administrative decision has violated reporting or discharge requirements, the hearing officer may assess a civil penalty against person. In determining the amount of the civil penalty, the hearing officer may consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurred, and corrective action, if any, attempted or taken by the discharger. Penalties imposed pursuant to this section shall be assessed in accordance with California Government Code Section 54740.5.
(c) 
Lien: Deposit of monies collected. The amount of any civil penalties imposed pursuant to this section which remain delinquent for a period in excess of sixty (60) days may constitute a lien against the real property from which the discharge originated. The lien provided herein shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect in priority of a judgment lien and continue for ten (10) years from the time of recording, unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure. All monies collected under this section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's sewer system or other mitigation measures.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-810)
When the City finds that a discharge of waste has been taking place in violation of prohibitions or limitations prescribed in this chapter, or wastewater source control requirements, effluent limitations, or pretreatment standards or other pretreatment requirements or the provisions of a Waste Discharge Permit issued pursuant to this chapter, the City may require the user to submit for approval, modifications as it deems necessary, including a detailed time schedule of specific actions which the user shall take in order to prevent or correct the violation(s).
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-811)
(a) 
Delegation of review powers: Appeal procedures. The Council delegates the review powers specified in Government Code Section 54740.5 to the Director. Within thirty (30) days of the notice of the hearing officer's decision, a person may file a written appeal of such decision with the Director. The written appeal shall state with specificity the grounds upon which the appeal is being taken. The review by the Director shall consist solely of a review of the record of the hearing. The Director shall issue a written decision affirming, modifying, or overruling the decision of the administrative hearing officer within thirty (30) days of receiving the written appeal. The decision of the Director shall be final and binding.
(b) 
Orders settling penalties: Petition for writ of mandate. Unless appealed, orders setting administrative penalties shall become effective and final upon issuance thereof and payment shall be made within thirty (30) days. Copies of these orders 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 and requested a copy. Any person aggrieved by a final order issued by the Director pursuant to this section may obtain review of the order in the Superior Court by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision and order issued by the Director. If no aggrieved party petitions for writ of mandate within the time specified above, an order of the Director or hearing officer shall not be subject to review by any court or agency pursuant to Section 54740.6 of the California Government Code.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-812)
It shall be unlawful for any person to intentionally or negligently fail to comply with or violate any provisions of this chapter or Waste Discharge Permit conditions as set forth in this chapter or any provision of federal or state law which governs discharges.
(895-CS, Enacted, 04/11/1996; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-813)
The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity with the order in accordance with the provisions of Section 1285 to 1287.6, inclusive, of the California Code of Civil Procedure.
(895-CS, Enacted, 04/11/1995; 1018-CS, Renumbered, 02/12/2004, Renumbered from 6-4-814)