A. 
The general manager may suspend the wastewater service or the wastewater discharge permit of a user by informal notice when it appears to the utility that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment, interfere with the operation of the municipal sewerage system, or cause the utility to violate any condition of its NPDES discharge permits.
B. 
Any user notified of the suspension of the utility's wastewater service shall immediately cease all discharges.
C. 
Any user notified of the suspension of the user's wastewater discharge permit shall, within a reasonable period of time as determined by the utility, cease all discharges regulated under this chapter.
D. 
In the event of failure of the user to comply voluntarily with the suspension order within the specified time, the general manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the municipal sewerage system, its receiving water, or endangerment to any individuals.
E. 
The utility may reinstate the wastewater discharge permit or the wastewater service and terminate pending judicial proceedings upon proof by the user of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger.
(AO No. 81-207; AO No. 86-118, 9-4-1986; AO No. 86-119; AO No. 2000-129(S), § 21, 11-21-2000)
A. 
The utility may revoke the wastewater discharge permit of any user for good cause, including, but not limited to, the following reasons:
1. 
Failure to factually report the wastewater constituents and characteristics of its discharge;
2. 
Failure to report significant changes in wastewater constituents or characteristics;
3. 
Failure to reapply for a wastewater discharge permit within the time period specified in section 26.50.250;
4. 
Refusing reasonable access to the user's premises by representatives of the utility for the purpose of inspection or monitoring;
5. 
Violating the conditions of a wastewater discharge permit or this chapter or any final judicial order entered with respect thereto;
6. 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
7. 
Tampering with monitoring equipment;
8. 
Failure to meet effluent limitations;
9. 
Failure to pay fines;
10. 
Failure to pay sewer charges;
11. 
Failure to meet compliance schedules; or
12. 
Failure to provide advance notice of the transfer of business ownership of a permitted facility.
B. 
Any user whose wastewater discharge permit has been revoked shall, within a reasonable period of time as determined by the utility, cease all discharges regulated under this chapter.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 21, 11-21-2000)
A. 
Whenever the utility finds that any user has violated or is violating this chapter, its wastewater discharge permit, or any prohibition, limitation or requirement contained in this chapter, the utility may issue a written notification of violation.
B. 
Any user receiving a written notification of violation shall respond to the allegations contained therein within thirty (30) days.
1. 
The response shall include a specific plan for the satisfactory correction of the violation and prevention of further violations.
2. 
Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation.
C. 
Nothing in this section shall limit the authority of the utility to take any action, including emergency action or any other enforcement action, without first issuing a Notice of Violation.
(AO No. 2000-129(S), § 21, 11-21-2000; AO No. 2012-77, § 22, 8-7-2012)
A. 
The utility may order a user which has violated or continues to violate any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the general manager or a designee, pursuant to chapter 3.60, and show cause why a proposed enforcement action should not be taken.
1. 
Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken.
2. 
The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be on the owner or authorized representative of the user.
3. 
A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
B. 
The utility may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to section 26.50.360C.1 and C.2 and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.
C. 
Whenever the utility finds that any user has violated or is violating this chapter, its wastewater discharge permit, or order issued hereunder, or any prohibition, limitation or requirement contained in this chapter, the utility may:
1. 
Issue a compliance order to the user responsible for the discharge directing that user to come into compliance within a specific time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer; or
2. 
Issue a cease and desist order, directing the user to cease and desist all such violations and directing the user to:
a. 
Immediately comply with all requirements; and
b. 
Take such appropriate remedial or preventative actions as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
3. 
Issuance of an administrative order shall not be a bar against, or prerequisite for, taking any other action against the user.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 21, 11-21-2000; AO No. 2012-77, § 23, 8-7-2012)
Following the entry of any administrative order pursuant to section 26.50.360, with respect to the conduct of a user, the utility may commence an action for appropriate relief in the superior court including, but not limited to, a petition for a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of a wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. An application for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against the user.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 21, 11-21-2000; AO No. 2012-77, § 24, 8-7-2012)
A. 
The utility shall publish a notice annually, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this provision, a Significant Industrial User (or any Industrial User which violates subsection A.3, A.4 or A.8 of this section) is in significant noncompliance if its violation meets one or more of the following criteria:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
2. 
Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC criteria (TRC = 1.4 for BOD, TSS, Total Oil and Grease, and 1.2 for all other pollutants except pH);
3. 
Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the utility determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of utility personnel or the general public),
4. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the utility's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
6. 
Failure to provide, within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. 
Failure to accurately report noncompliance; or
8. 
Any other violation or group of violations, which may include a violation of Best Management Practices, which the utility determines will adversely affect the operation or implementation of the local pretreatment program.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 22, 11-21-2000; AO No. 2009-134, § 1, 1-12-2010; AO No. 2012-77, § 25, 8-7-2012)
A. 
As long as no administrative order of the Utility has been issued, any user or any interested party shall have the right to administrative procedures provided in:
1. 
The utility's tariff; or
2. 
In chapters 3.60, 14.30, and 14.40,
to challenge any grant or denial given under this chapter.
B. 
After exhausting administrative remedies, any user or interested party may appeal to the RCA or to the superior court, depending on appropriate jurisdiction over the matter.
(AO No. 86-118, 9-4-1986; AO No. 2000-129(S), § 23, 11-21-2000; AO No. 2005-107, § 6, 1-1-2006; AO No. 2012-77, § 26, 8-7-2012)