The District may adopt procedures and rules for the implementation and administration of this Code. The District shall enforce the provisions of these regulations, including requirements established for permits as provided herein, pursuant to any one or more of the alternatives set forth herein below. The election to proceed under one alternative shall not limit the District’s ability to proceed under any other alternative.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 21, Ord. 100, 05-04-1993)
Any user who violates the following conditions of these regulations, or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures of this Chapter:
(a) 
Failure of a user to factually report the wastewater constituents and characteristics of its discharge;
(b) 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(c) 
Refusal of a reasonable access to the user’s premises for the purpose of inspection or monitoring;
(d) 
Failure of a user to notify District immediately of accidental discharge and/ or take appropriate corrective action to prevent a reoccurrence; or
(e) 
Violation of any conditions of permit.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
Whenever the General Manager finds that any user has violated or is violating this Code, the wastewater discharge permit, or any prohibition, limitation, or requirement contained herein, the District may serve upon such user a written notice stating the nature of the violation. Within 21 calendar days of the date of the notice, the user shall identify the cause or causes of the violations, and shall implement corrective actions. If sampling performed by an industrial user indicates a violation, the user shall follow the repeat sampling and notification requirements in Section 6413(a) of this Code.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 22, Ord. 100, 05-04-1993; § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
(a) 
The General Manager may order any user which has violated, or continues to violate, any provision of this Code, wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement to show cause before the District Board of Directors why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the District Board of Directors regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the District Board of Directors why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
(b) 
The District Board of Directors may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or District personnel of the District to:
(1) 
Issue in the name of the District Board of Directors notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(2) 
Take the evidence;
(3) 
Transmit a report of the evidence and hearing, including transcript and other evidence, together with recommendations to the District Board of Directors for action thereon.
(c) 
At any hearing held pursuant to these regulations, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the reasonable charges thereon.
(d) 
After the District Board of Directors has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service may be discontinued unless adequate pretreatment facilities, devices, or other related appurtenances shall have been installed or existing pretreatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
If any industrial user is in noncompliance with any applicable national pretreatment standard, State law, these regulations, or if any person discharges any pollutant, including wastewater, into the District wastewater system contrary to the provisions of State law, these regulations, pretreatment standards, or any order of the District, the District may commence an action for appropriate legal and/or equitable relief in the Superior Court of Alameda County.
(Added, § 1, Ord. 88, 07-03-1990; amended, § 1, Ord. 178, 06-05-2018)
(a) 
Time Compliance Schedules. Whenever the General Manager finds that any user has violated or is violating or threatening to violate these regulations, the wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the General Manager may require the discharger to submit within 21 calendar days from notification a detailed time schedule of specific actions the user shall take in order to correct or prevent a violation for the General Manager’s approval.
The General Manager may set forth a time schedule directing the user to take whatever corrective actions are deemed necessary in order to correct or prevent a violation.
(b) 
Cease and Desist Orders. Whenever the General Manager finds that any user is violating or threatening to violate these regulations, the wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the General Manager may issue an order to cease and desist and direct those persons not complying with such prohibitions, limitations, requirements or provisions to:
(1) 
Comply forthwith;
(2) 
Comply in accordance with a time schedule set forth or approved by the General Manager; or
(3) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Added, § 23, Ord. 100, 05-04-1993; amended, § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
Whenever the discharge of wastewater causes an obstruction, damage, or other impairment to any part of the collection system or treatment plant facilities, the user causing the damage shall be liable for the cost of the repairs and the District may recover those repair costs from the user.
(Added, § 24, Ord. 100, 05-04-1993; amended, § 1, Ord. 178, 06-05-2018)
Whenever the District conducts additional sampling, inspection or monitoring events (in excess of the number of events scheduled) as a result of a user’s violations of these regulations, the discharge permit, or any prohibition, limitation or requirement contained herein, the District may recover the cost of such additional sampling, inspection, and monitoring events in accordance with the fees outlined in Section 6303(d) of this Code.
(Added, § 25, Ord. 100, 05-04-1993; amended, § 1, Ord. 178, 06-05-2018)
The General Manager shall publish in a daily newspaper of general circulation in the area a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. This notice will be published annually, but may be published more frequently at the discretion of the General Manager.
The term “significant noncompliance” shall be applicable to all significant industrial users (or any other industrial user that violates subsection (c), (d) or (h) of this section) and shall mean:
(a) 
Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 6200 of this Code.
(b) 
Technical review criteria (TRC) violations, defined as those in which 33 percent or more of all of the measurements taken for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).
(c) 
Any other violation of a pretreatment standard or requirement as defined by Section 6200 of this Code (daily maximum or long-term average, instantaneous limit, or narrative standard) that the General Manager determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of District personnel or the general public).
(d) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the District’s exercise of its emergency authority to halt or prevent such a discharge.
(e) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or attaining final compliance.
(f) 
Failure to provide, within 45 days after the due date, any required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(g) 
Failure to accurately report noncompliance.
(h) 
Any other violations, which may include a violation of best management practices, which the General Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Added, § 26, Ord. 100, 05-04-1993; amended, § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
The General Manager may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the General Manager, in order to stop an actual or threatened discharge which presents or may present or cause an imminent or substantial endangerment to the health or welfare of individuals or to the environment, causes or may cause interference to the treatment plant or causes or may cause the District to violate any condition of its NPDES permit.
Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the General Manager shall take such steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the District’s wastewater system or endangerment to any individuals. The District may reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the General Manager within five days of the date of occurrence.
(Added, § 27, Ord. 100, 05-04-1993; amended, § 1, Ord. 162, 07-01-2014; § 1, Ord. 178, 06-05-2018)
The General Manager may issue an administrative complaint to any person who violates any provision of these regulations any permit condition, or any prohibition, limitation or requirement.
The General Manager may administratively impose penalties up to specified maximums against any person who violates any provision of these regulations any permit condition, or any prohibition, limitation or requirement.
(a) 
Complaints. The complaint shall allege the act or failure to act that constitutes the violation of District requirements, the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty.
The complaint shall be served by personal delivery or certified mail on the person subject to the District’s discharge requirement and shall inform the person served that a hearing shall be conducted within sixty (60) days after the person has been served.
(b) 
Hearing. The hearing shall be before the General Manager. The person who has been issued an administrative complaint may waive the right to a hearing in which case the District shall not conduct a hearing. If after the hearing, if any be held, it is found that the person has violated any provision of these regulations, the discharge permit conditions, or any prohibition, limitation or requirement, the General Manager may assess a civil penalty against the person.
(c) 
Civil Penalties. In determining the amount of the civil penalty, the General Manager may take into consideration all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through the non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and the corrective actions, if any, attempted or taken by the discharger.
Civil penalties may be imposed by the General Manager as follows:
(1) 
In an amount not to exceed Two Thousand Dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports.
(2) 
In an amount not to exceed Three Thousand Dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedule established by the District.
(3) 
In an amount not to exceed Five Thousand Dollars ($5,000.00) per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued or adopted by the District.
(4) 
In an amount which does not exceed Ten Dollars ($10.00) per gallon for discharges in violation of any suspension, cease and desist order or other order, or prohibition issued, reissued or adopted by the District.
Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within thirty (30) days of the date of the order. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon persons who appeared at the hearing and requested a copy.
The amount of any civil penalties imposed which have remained delinquent for a period of sixty (60) days from the date of order shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty.
The District may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity.
No penalties shall be recoverable under this Section for any violation for which civil liability is recovered under Section 6600 of these regulations.
(d) 
Appeal Process. A person dissatisfied with the decision of the General Manager may appeal to the Board of Directors within thirty (30) days of notice of the Manager’s decision.
Any party aggrieved by a final order issued by the Board of Directors after granting review of the General Manager’s order, may obtain review of the order of the Board in the Superior Court by filing in the court a petition for writ of mandate within thirty (30) days following the issuance of the order by the Board.
Any party aggrieved by the General Manager’s order for which the Board denies review, may obtain review of the order of the General Manager in the Superior Court by filing in the court a petition for writ of mandate within thirty (30) days following the denial of review by the Board.
(Added, § 28, Ord. 100, 05-04-1993; amended, § 1, Ord. 162, 07-01-2014)
The remedies provided for in this Code are not exclusive. The General Manager may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the District’s enforcement response plan. However, the General Manager may take other action against any user when the circumstances warrant. Further, the General Manager is empowered to take more than one enforcement action against any noncompliant user.
(Added, § 1, Ord. 178, 06-05-2018)