A. 
Authority, its officers, employees or agents, are authorized to act as enforcement agents of the agency, for and on behalf of the agency, with power to inspect and issue notices for violations of the provisions of this chapter, and to prosecute violations of any of the provisions of this chapter (including, without limitation, levying of fines, disconnection of service, revocation of permits and civil and criminal court actions).
B. 
Authority shall bill the agency for all costs and expenses incurred by the Authority in the implementation and enforcement of this article, and the agency shall, within thirty days after the receipt of the bill from the Authority, pay same.
(Ord. 9-94 § 2(part), 1994)
A. 
Notification. Every discharger shall notify the Authority immediately upon discharging wastes or wastewater in violation of the provisions of this chapter, or any permit issued pursuant to this chapter. A discharger who discharges, causes to be discharged, or permits to be discharged such wastes or wastewater shall, within seventy-two hours of the occurrence thereof, submit a written report to the manager describing the cause or causes of such unauthorized discharge and measures taken, or proposed to be taken, to prevent future similar occurrences. Such report shall not relieve any discharger of liability for any expense, loss or damage suffered or incurred by the agency or Authority, directly or indirectly, by reason of such unauthorized discharge. Such report shall not relieve or absolve any person from civil liabilities, or imposition of civil or criminal penalties in any manner whatsoever.
B. 
Liability. A discharger found by the Authority to be in violation as described in subsection A of this section shall be liable for the cost of all monitoring, inspection, sampling and other necessary services incurred at public expense as a result of the violation. The discharger may also be liable for other public expenditures as described in this article.
C. 
Notices to Discharger Employees. Every nondomestic source shall post a notice prominently on the discharger's premises advising of the requirement to notify the Authority of any unauthorized discharge, including the telephone number of the Authority to be called in the event of such discharge. The manager may require any discharger to inform and advise Authority officers, agents and employees of any particular provisions of this chapter, any permit issued pursuant to this chapter or other requirements of law, or of any other information which may be of assistance in ensuring compliance with this chapter, permit or other requirements of law.
(Ord. 9-94 § 2(part), 1994)
Upon a determination by the manager that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur, in violation of any provision of this chapter or of any provision of any permit issued pursuant to this chapter, the manager may issue an order to the discharger, and the property owner if other than the discharger, to cease and desist such discharge or practice, or operation likely to cause such discharge, and further order such person to:
A. 
Comply forthwith with the provisions of this chapter or the provisions of any permit issued pursuant to this chapter;
B. 
Comply in accordance with a time schedule established by the manager; and/or
C. 
Take appropriate remedial or preventative action.
(Ord. 9-94 § 2(part), 1994)
Upon a determination by the manager that a discharge of waste or wastewater has occurred, or is occurring, or is about to occur in violation of the provisions of this chapter, or in violation of any provision of a permit issued pursuant to this chapter, the manager may require the discharger, and the property owner if other than the discharger, having so discharged, or discharging, or about to discharge, to submit for approval subject to such modifications, terms and conditions as the manager reasonably deems necessary or appropriate, a detailed time schedule of specific actions which the person or discharger shall take in order to eliminate or prevent such violation or violations. The property owner, if other than the discharger, will be notified of such action.
(Ord. 9-94 § 2(part), 1994)
A. 
The Authority is authorized to spend public funds and to enter upon private property in order to perform emergency corrections. Emergency corrections are those corrections which the manager deems necessary in order to correct, eliminate or abate a condition upon such premises which threatens to cause, causes or caused damage to the sanitary sewer system, or which otherwise threatened to cause, causes or caused a violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, provided that the manager first determines that such damage causes or will cause, an injury to the public health, safety or welfare. Before proceeding with emergency corrections, Authority will give the responsible discharger and property owner, if other than the discharger, an opportunity to do so.
B. 
In the event any such repairs, construction or other public work is performed by or caused to be performed by the Authority, on any such premises, the discharger responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally to the agency and Authority for such public expenditures.
C. 
If such discharger or property owner shall fail to pay the full amount of such public expenditures within thirty days after billing therefor by the Authority, Authority shall then notify the property owner, and bill the agency and the agency shall, within thirty days after receipt of the bill from the Authority, pay same. The agency may, hereafter, collect same in any manner available to it. Should the property owner fail to pay, the agency may, by order entered upon its minutes, declare that such amount, and the administrative expenses incurred by the agency or Authority, or both, incident to such expenditures, shall be transmitted to the county assessor and county tax collector by copy of the order providing, certified by the agency. Upon making such order, the unpaid amount shall constitute a lien upon the premises, and the amount thereof shall be added to the next succeeding tax bill against such property, and shall be collected at the same time and in the same manner as general agency taxes are collected, and shall be subject to the same penalties and procedure in case of delinquency.
(Ord. 9-94 § 2(part), 1994)
A. 
In the event damages are caused to the sanitary sewer system or any portion thereof, by reason of a waste or wastewater discharge from any premises in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law, the discharger responsible for the occurrence or condition giving rise to such damages, and the property owner shall be liable, jointly and severally, to the agency and Authority for the full amount thereof.
B. 
If such discharger or property owner shall fail to pay the full amount of such damages within thirty days of billing therefor by the Authority and/or agency, Authority and/or the agency may proceed in accordance with, and the discharger shall be subject to, the provisions set forth in Section 13.52.370 of this chapter.
(Ord. 9-94 § 2(part), 1994)
Subject to the provisions of this section, Authority may terminate sanitary sewage services to any premises from which waste or wastewater have been discharged, are being discharged or are threatened to be discharged in violation of any provision of this chapter, or of any permit issued pursuant to this chapter, or of any other requirement of law. Termination of service shall be in accordance with the termination procedures of the agency then in effect.
(Ord. 9-94 § 2(part), 1994)
Authority may revoke any permit issued pursuant to the provisions of this chapter upon a determination by the manager that:
A. 
The permittee has failed to report factually the wastewater constituents, characteristics or volume of the permitted wastewater discharge;
B. 
The permittee has failed to report significant or substantial changes in the operations conducted upon the premises to which the permit pertains, or significant or substantial changes in wastewater constituents, characteristics or volumes pertaining to such premises;
C. 
The permittee has refused or failed to permit, reasonable access to the premises to which the permit pertains; or
D. 
The permittee has violated, caused to be violated or permitted to be violated, any term, condition or provision of the permit.
(Ord. 9-94 § 2(part), 1994)
It shall be unlawful for any person knowingly to make any false statement, representation, record, report, plan or other document filed with the manager pursuant to the provisions of this chapter, or of any permit issued pursuant to this chapter, or who knowingly tampers with or otherwise renders inaccurate any monitoring device or equipment installed and operated pursuant to the provisions of this chapter or of any permit issued pursuant to this chapter.
(Ord. 9-94 § 2(part), 1994)
Any discharge, or threatened discharge, or any condition which is in any manner in violation of the provisions of this chapter, or of any permit issued pursuant to this chapter, or of any order or directive of the Authority authorized by this chapter, shall be, and the same is declared to be unlawful and a public nuisance. Such nuisance may be abated, removed or enjoined, and damages assessed therefor, in any manner provided by law.
(Ord. 9-94 § 2(part), 1994)
Any person violating or causing the violation of any provision of this chapter, or of any permit issued pursuant to this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. Every day such violation continues shall constitute a separate offense.
(Ord. 9-94 § 2(part), 1994)
The remedies provided for in this chapter shall be cumulative and not exclusive, and shall be in addition to any or all other remedies available to the agency.
(Ord. 9-94 § 2(part), 1994)
A. 
Any discharger, permittee, applicant, property owner or other person aggrieved by any decision, action, finding, determination, order or directive of the manager, made and authorized pursuant to the provisions of this chapter, or any permit issued pursuant to this chapter, or interpreting or implementing the same, may file a written request with the manager for reconsideration thereof within ten days of such decision, action, finding, determination or order, setting forth in detail the facts supporting such discharger's or person's request for reconsideration. The manager shall render a final decision within ten days of the receipt of such request for reconsideration.
B. 
Any discharger, permittee, applicant, property owner or other persons aggrieved by the final determination of the manager may appeal such determination to Authority within ten days of notification by the manager of his final determination. Written notification of such appeal shall be filed with the Authority within ten days after notification of the final determination of the manager and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be heard by the Authority Board of Directors within thirty days from the date of filing the notice of appeal. The appellant, the manager and such other persons as the Authority Board of Directors may deem appropriate, shall be heard at the hearing on such appeal. Upon conclusion of the hearing, the Authority Board of Directors may affirm, reverse or modify the final determination of the manager as the Authority Board of Directors deems just and equitable, and in furtherance of the provisions, purposes and intent of this chapter. During the pendency of any such appeal the final determination of the manager shall remain in full force and effect. Determination by the Authority Board of Directors on the appeal shall be final.
(Ord. 9-94 § 2(part), 1994)