A. 
The provisions of this chapter together with, any policies, procedures, guidance, requirements, and manuals promulgated under authority of this chapter or TMC Chapter 12.08A, or otherwise made subject to enforcement under this chapter, and all terms and conditions of any permit, authorization, control mechanism, directive, or compliance order issued under authority of this chapter, are subject to enforcement pursuant to and under authority of TMC Chapter 1.82, the Uniform Enforcement Code. The control authority is authorized to exercise all powers and authority granted pursuant to TMC Chapter 1.82, including by way of example and not limitation, the power to issue compliance orders, corrective action notices, and notices of violation, assess monetary penalties, approve voluntary correction agreements, and develop, promulgate, revise, and implement policies and procedures governing enforcement actions under TMC Chapters 1.82 and 12.08B. The Director is empowered to delegate enforcement authority under TMC Chapters 1.82 and 12.08B to such persons as may be determined by the Director. Any such power and authority authorized pursuant to TMC Chapter 1.82 is in addition to the power and authority granted pursuant to TMC Chapter 12.08B and any other applicable state or federal law or regulation.
B. 
The maximum monetary penalty that may be assessed for each violation per day or portion thereof, and each continuing day or portion thereof, shall not exceed $10,000. The maximum monetary penalties set forth at TMC § 1.82.050F are not applicable to violations of this Chapter. Monetary penalties shall be assessed in accordance with the most recent version of the Environmental Services Response Plan as promulgated by the Director pursuant to TMC Chapter 12.08A.
C. 
Compliance with the requirements of this chapter is mandatory except as may be otherwise provided in this chapter. Except as otherwise provided herein, any act or omission by a responsible person in noncompliance with any duty, requirement, or obligation set forth in this chapter, set forth in any standard, requirement, manual, or procedure promulgated under authority of this chapter or otherwise made subject to enforcement under this chapter, or set forth in a term or condition of any permit, authorization, control mechanism, directive, or compliance order issued under authority of this chapter, shall constitute a violation of this chapter and is subject to enforcement by the control authority.
D. 
Violations of this chapter may include, by way of example, but are not limited to the following acts or omissions:
1. 
Failure to accurately report the wastewater constituents and characteristics of a discharge when required by this chapter, or when requested by the control authority;
2. 
Discharging non-domestic wastewater to the POTW without the control authority’s authorization;
3. 
Discharging wastewater that causes the City to violate one of its NPDES permits;
4. 
Tampering with any metering device or piping connected to such device to show the quantity of water used on the premises or discharged from such premises is less than the actual quantity used or discharged;
5. 
Discharging any solid or viscous substance capable of obstructing wastewater which will or may cause obstruction to the flow of wastewater or other interference with the operations of the POTW; and
6. 
Violating any provision of this chapter, including the terms of a permit, order, authorization, or other control mechanism issued under the authority of this chapter.
E. 
Policies and procedures governing enforcement of violations of this chapter and assessment of monetary penalties are set forth in the Enforcement Response Plan. The Enforcement Response Plan, and all amendments thereto, shall be issued by the Director or Director’s designee, a copy of which shall be made available to the public pursuant to such requirements and procedures as are issued by the Director pursuant to TMC Chapter 12.08A to ensure public notice.
F. 
Any responsible person who willfully violates any provision of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the control authority pursuant to this chapter shall, upon conviction, be guilty of a gross misdemeanor punishable by a fine of not more than $5,000, or by imprisonment in jail for up to three hundred sixty-five (365) days, or both. Each day upon which a willful violation of this chapter, or any permit, order, control mechanism, or other written authorization or directive issued by the control authority pursuant to this chapter occurs may be deemed a separate and additional violation.
G. 
Any person who shall knowingly and falsely make, complete, or alter a written instrument required to be submitted to the control authority pursuant to this chapter, or a regulation, rule, or procedure promulgated under this chapter, or a term or condition of any directive or compliance order issued under authority of this chapter, shall be guilty of a gross misdemeanor and subject to a fine of not more than $5,000, or by imprisonment in jail for up to three hundred sixty-five (365) days, or both. Proof of intent to defraud or injure is not required.
H. 
The enforcement provisions in this chapter are not exclusive remedies. The control authority may take any, all, or any combination of the enforcement actions described in this chapter against any person who violates this chapter. Furthermore, the control authority may pursue any other available remedies that exist in law or equity against any person that violates this chapter. Enforcement of violations will generally be in accordance with TMC Chapter 1.82 and the Environmental Services Enforcement Response Plan.
(Ord. 28761 Ex. B, 2021-05-25)
A. 
Suspension of Service - Emergency. In addition to any other authority set forth in this chapter, the control authority may, pursuant to a stop-use order, immediately suspend discharges to the POTW at a premises whenever the control authority has reasonable cause to believe that an actual or threatened discharge, or other violation of this chapter, either:
1. 
Presents an imminent threat or substantial danger to the health or welfare of persons or the environment; or
2. 
Presents an imminent threat to, or does, interfere with the operation of the POTW.
Depending on the emergent circumstances, the control authority may provide either verbal or written notice to suspend an industrial user’s actual or threatened discharge.
B. 
Suspension of Service – Other Violations. The control authority may, pursuant to a stop-use order, suspend wastewater services at a premises where a connection to the POTW has been made in violation of this chapter, the control authority’s NPDES permit, or any authorization, control mechanism, directive, or compliance order issued under authority of this chapter.
C. 
Suspension of Service – Access. Unreasonable refusal to allow control authority representatives to access a premises pursuant to TMC § 12.08B.300 (right of entry) to determine compliance with this chapter may, pursuant to a stop-use order, result in the suspension of discharges to the POTW.
D. 
The responsible person receiving a notice to suspend its discharge shall suspend discharging to the POTW in accordance with the requirements contained in the notice. If the responsible person fails to immediately comply with the terms of a notice to suspend an actual or threatened discharge, the control authority may take steps it deems reasonably necessary to protect the health and welfare of persons, the environment or the POTW, which may include, but is not limited to, severing the industrial user’s sanitary sewer connection at any accessible location. As a condition of allowing discharges to the POTW to recommence, the control authority may require the responsible person to submit a written statement describing the corrective action it has implemented to prevent discharges that presented an imminent danger or threat to the health and welfare of persons or the environment, or threatened to interfere with the operation of the POTW.
(Ord. 28761 Ex. B, 2021-05-25)
It is unlawful to make or cause to be made or to maintain any connection with the POTW, or with any sewer which is connected directly or indirectly with the POTW, without having permission from the control authority. Violation of this section is a misdemeanor punishable by a fine of not more than $1,000, or by imprisonment in jail for not more than ninety (90) days, or by both such fine and imprisonment.
(Ord. 28761 Ex. B, 2021-05-25)
A. 
Purpose. The purpose of this section is to establish the distribution requirements for private side sewer educational flyers at the time of sale, major building remodel or additions to properties within the City, in order to educate property owners on the conditions of private side sewers, and to encourage the reduction in quantity of inflow and infiltration into the sanitary sewer system. The educational flyer distribution requirements take effect on December 1, 2010. The control authority encourages owners to be proactive in making private side sewer or building repairs to eliminate inflow and infiltration to the sanitary sewer system. The City offers financial assistance to qualified customers through the Environmental Services Conservation Loan Program, to aid with the cost of performing private side sewer repairs or replacement.
B. 
Educational Flyer Distribution Requirement.
1. 
Effective December 1, 2010, property owners shall be provided with an educational flyer in the following circumstances:
a. 
Prior to the sale or transfer of title for a real property that contains any building or structure with a private side sewer connecting to the public sewer main. The educational flyer shall be provided to the buyer and seller by the real estate professional(s) representing the buyer and seller.
b. 
Prior to issuance of a building permit for a “substantial building renovation” (as defined in TMC § 2.06.060). The educational flyer shall be provided to the permit applicant by the City at the time of permit application. If the permit applicant is not the property owner, the educational flyer shall be provided to the property owner by the permit applicant.
c. 
Prior to issuance of a building permit for any new buildings or additions to existing buildings in which the new structures or additions may be constructed over the top of the existing private side sewer. The educational flyer shall be provided to the permit applicant by the City at time of permit application. If the permit applicant is not the property owner, the educational flyer shall be provided to the property owner by the permit applicant.
2. 
This section shall not apply to any of the following:
a. 
Transfer of title from one co-owner to one or more other co-owners.
b. 
Transfer of title made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors.
c. 
Transfer of title between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to a decree.
d. 
Condominiums,
C. 
Property owners are solely responsible for the construction, maintenance, operations, repairs, or replacement of the private side sewer and any surface reconstruction requirements when performing said repairs.
(Ord. 28761 Ex. B, 2021-05-25)