The district shall investigate all reports of noncompliance to any provision of this chapter and/or the agreement to determine the seriousness of the violation based upon: (A) the magnitude and duration of the violation, (B) its effect on the operation of district's recycled water system, (C) its effect on district's compliance with regulatory agency rules and regulations, and (D) the history and good faith of the customer.
The use of recycled water in any manner that violates this chapter or any permit issued in conjunction with recycled water use is hereby declared a public nuisance and shall be corrected or abated as directed by the district. Any person creating such a public nuisance is guilty of a misdemeanor.
Whenever the use of recycled water violates this chapter or otherwise causes or threatens to cause a condition of nuisance, the district may seek injunctive relief as may be appropriate to enjoin such discharge or use.
In addition to any other statute or rule authorizing termination of water service, Western Municipal Water District may revoke the agreement issued hereunder if a violation of any provision of this chapter is found to exist or if use of recycled water causes or threatens to cause a nuisance.
If a noncompliant condition or operation is revealed, the customer will be notified and a reasonable time period for corrective action determined along with a date for a follow-up inspection to verify the violation has been mitigated.
If the customer does not take appropriate corrective action within the specified period, the district may commence formal enforcement procedures, including, but not limited to, suspending recycled water service as specified in Chapter 5.10 WMWDC.
The recital of specified instances in this chapter and rules and regulations wherein the district is authorized to discontinue service to the customer is not to be construed as limiting the authority of the district to the instances specified.
The Regional Water Quality Control Board may initiate enforcement actions against any recycled water user who discharges recycled water in violation of any applicable discharge requirements of the RWQCB or in a manner that creates or threatens to create conditions of pollution, contamination, or nuisance, as defined in the California Water Code Section 13050 et seq., as amended from time to time, and any other applicable laws, rules or regulations which apply to recycled water use.
(Ord. 364 § 1(6.1), 2006; Ord. 377 § 11, 2010)