Chapter 13.35 GENERAL AND PRETREATMENT ENFORCEMENT

The enforcement provisions specified in this title apply to all classes of users to the extent such user violates any provision of this title or administrative order of the director of public works or director of utilities pursuant to this title. In order to achieve the maximum degree of compliance desired, the city may use a variety of enforcement mechanisms including Title 1. The enforcement mechanisms may range from informal administrative action to a request for criminal prosecution. The city may, at its discretion, implement the use of any mechanism or the concurrent use of several mechanisms in order to enforce the provisions of this title. The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under the laws of the state of California and the United States of America. Nothing in this title is intended to prevent the state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of Chapters 13.34 through 13.38 which also constitutes a violation of federal or state statutes and regulations, such as (A) the Clean Water Act (33 USC Section 1251 et seq.); (B) California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.); (C) California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250); (D) RCRA (42 USC Section 6901 et seq.); and (E) California Government Code Sections 54739 through 54740.6. The referenced state and federal laws, along with other pertinent laws, provide authority for the city’s enforcement mechanisms. (Porter-Cologne Water Quality Control Act, Section 13362; California Government Code Sections 54740, 54740.5 and 54740.6.) (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.020 Enforcement response plan.

An enforcement response plan (ERP) shall be approved by the Santa Rosa board of public utilities to meet the requirements of 40 CFR Part 403 of the Clean Water Act and state waste discharge requirements. The ERP shall outline various administrative actions the director of utilities may take for any violation of this title.

When the director of public works or director of utilities finds that a user has violated, or continues to violate, any provisions of this title, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the director of public works or director of utilities may serve upon that user but is not limited to any of the following enforcement actions:

A. Notice of Violation (NOV). When the director of public works or director of utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director of public works or director of utilities may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director of public works or director of utilities. 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. Nothing in this section shall limit the authority of the director of public works or director of utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

B. Administrative Orders (AO). The director of public works or director of utilities may issue administrative orders, or enter into assurances of compliance, or other similar documents establishing an agreement with any user responsible for the 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.

1. Consent Order. The director of public works or director of utilities may enter into consent orders 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 administrative orders issued and shall be judicially enforceable.

2. Show Cause Order. The director of public works or director of utilities may order a user which has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director of public works or director of utilities and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, 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. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

3. Compliance Orders. When the director of public works or director of utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director of public works or director of utilities may issue an order to the user responsible for the discharge, directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may 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. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

4. Cease and Desist Orders. When the director of public works or director of utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the director of public works or director of utilities may issue an order to the user directing it 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 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. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.030 Administrative fines – Civil penalties.

A. When the director of public works or director of utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director of public works or director of utilities may fine such user in an amount determined pursuant to the ERP. In addition, pursuant to the authority of California Government Code Sections 54739 to 54740.6, the city may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the city’s requirements set forth in this title. The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. (California Government Code Sections 54740 and 54740.5.)

B. Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of the unpaid balance, and interest shall accrue thereafter. A lien against the user’s property may be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the director of public works or director of utilities to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where the director of public works or director of utilities believes a request has merit, the director of public works or director of utilities may convene a hearing on the matter within thirteen days after receiving the request from the user. The director of public works or director of utilities may add the costs of preparing administrative enforcement actions, such as notices and orders to assess the fine. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.040 Judicial enforcement remedies.

Any user who violates any order issued by the director of public works or director of utilities for violation of provisions of this title regulating or prohibiting discharge of wastewater which causes or threatens to cause a condition of contamination, pollution, or nuisance, as defined in Section 13.34.030, or as amended, may be liable civilly in a sum not to exceed twenty-five thousand dollars for each day in which such violation occurs. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.050 Injunctive relief.

When the director of public works or director of utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director of public works or director of utilities may seek the issuance of a temporary or permanent injunction, as appropriate, to restrain or compel the specific performance of the wastewater discharge permit, order, or other requirement imposed by this title on activities of the user. The director of public works or director of utilities may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. (California Government Code Section 54740.) (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.060 Performance bonds.

The director of utilities may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this title, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director of utilities to be necessary to achieve consistent compliance. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.070 Liability insurance.

The director of utilities may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this title, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.080 Potable water service termination.

Whenever a user has violated or continues to violate any provision of this title, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, potable water service to the user may be terminated. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.090 Public nuisances.

A violation of any provision of this title, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director of public works or director of utilities. Any person(s) creating a public nuisance shall be subject to the provisions of the city code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.100 Cost reimbursement.

A. When the discharge of wastewater causes an obstruction, damage, or other impairment to the city sewer system or treatment plant, the director of public works or director of utilities may tabulate the expenses incurred for the work required to clean or repair the facility and correct the treatment process. Such expenses shall be reimbursed to the city by adding said expenses to the user’s billing for industrial service charges.

B. All costs associated with the city’s undertaking of enforcement actions pursuant to this title, including attorney’s fees for civil or administrative actions undertaken or any fines incurred by the city, shall be paid by the user. These costs may include but not be limited to the costs for termination of service, reinstitution of service, compliance sampling and analysis, and administrative activities undertaken by the city. However, if the user prevails in an appeal or a civil action taken to nullify an enforcement action pursued by the city under this title, the user shall not be responsible for the costs incurred by the city in pursuing said enforcement action. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

Article II. Pretreatment Enforcement

13.35.110 Responding to significant noncompliance.

Any violation of pretreatment standards or requirements (limits, sampling, analysis, reporting, and meeting compliance schedules and regulatory deadlines) is an instance of noncompliance for which the significant industrial user (SIU) is liable for enforcement, including penalties per Title 1. However, the city is required to identify violations or patterns of violations by SIUs that are deemed to be instances of significant noncompliance (SNC). Additionally, the determination of significant noncompliance shall be used as the basis for reporting the SNC to the regulatory authorities and publishing of the list of industries in SNC as is required of the city by pretreatment program standards. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.120 Publication of users in significant noncompliance.

The director of utilities shall publish annually in accordance with 40 CFR 403, in any paper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, industrial users which, at any time during the previous twelve months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements. For the purposes of this provision, a significant industrial user (or any industrial user which violates subsection C, D, or H of this section) is in significant noncompliance if its violations meet one or more of the following criteria:

A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1). In the case of continuous pH monitoring, the percentage of samples out of compliance is determined by dividing the amount of time out of compliance by the total time pH was monitored;

B. Technical review criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

C. Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director of utilities determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);

D. Any discharge of pollutants that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the director of utilities’ exercise of its emergency authority to halt or prevent such a discharge;

E. Failure to meet, within ninety 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;

F. Failure to provide, within forty-five 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;

G. Failure to accurately report noncompliance; or

H. Any other violation(s) or group of violations, including a violation of best management practices, which the director of utilities determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.130 Compliance schedules.

A notice of violation or administrative order may contain a compliance schedule. The following conditions shall apply to the schedule:

A. The schedule shall contain increments of progress or milestones in the form of dates for the commencement and completion of major events, including the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards or city local limits.

B. No increment referred to in subsection A of this section shall exceed nine months.

C. Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress or milestone report to the director of utilities including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the city. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.135 Search/inspection warrants.

A. If the director of public works or director of utilities has been refused access to a building, structure or property or any part thereof, and if the director of public works or director of utilities has probable cause to believe that there may be a violation of city ordinance or that there is a need to inspect or sample as part of a routine inspection/sampling program of the city designed to verify compliance with city ordinance or any permit or order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director of public works or director of utilities may seek issuance of a search, seizure, or inspection warrant. In the event of an emergency affecting public health and safety, or if the user consents, inspections shall be made without the issuance of a warrant.

B. To the extent that the owner or possessor of the premises requires that a warrant be received, the city may, in its discretion, suspend the permit and/or any other right to discharge to sanitary facilities immediately, and such suspension may continue until such time as a warrant has been received and the inspection has been completed. If no violation of this title or the permit, if applicable, is found, the suspension shall be lifted. In the event that violations of this title or the permit, if applicable, are found, then the suspension may, at the discretion of the city, be continued or terminated, or other enforcement remedies may be sought.

C. The city may choose to inspect the facility to determine compliance with all standards as set forth in this title or permit if applicable, and additionally, such inspections may be undertaken to verify the wastewater flows and strengths reported by the discharger. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.140 Emergency suspensions of discharge.

The director of utilities may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director of utilities may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the director of utilities may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director of utilities may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director of utilities that the period of endangerment has passed, unless termination proceedings in Section 13.35.150 are initiated against the user.

B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director of utilities prior to the date of any show cause hearing.

C. After reasonably attempting to informally notify the user, the city may take all necessary steps to halt or prevent such discharge including, but not limited to, plugging or physically disconnecting the user’s access to the city sewer system.

D. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.150 Wastewater discharge permit – Revocation/termination of service.

Wastewater discharge permits may be revoked or user’s service may be terminated when any provision of this title is violated.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.35.020 why the proposed action should not be taken. Exercise of this option by the director of utilities shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.160 Upset.

A. For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection C of this section are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset;

2. The facility was, at the time, being operated in a prudent and competent manner and in compliance with applicable operation and maintenance procedures; and

3. The user has submitted the following information to the director of utilities within twenty-four hours of becoming aware of the upset; if this information is provided orally, a written submission must be provided within five days:

a. A description of the indirect discharge and cause of noncompliance;

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.

F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.170 Bypass.

A. For the purposes of this section:

1. “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility.

2. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. “Severe property damage” does not mean economic loss caused by delays in production.

B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections C and D of this section.

1. If a user knows in advance of the need for a bypass, it shall submit written prior notice to the director of utilities, at least ten days before the date of the bypass, if possible.

2. A user shall submit oral notice to the director of utilities of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The director of utilities may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

C. Bypass is prohibited, and the director of utilities may take an enforcement action against a user for a bypass, unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and

3. The user submitted notices as required under subsection B of this section.

D. The director of utilities may approve an anticipated bypass, after considering its adverse effects, if the director of utilities determines that it will meet the three conditions listed in subsection C of this section. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.180 Affirmative defense.

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section 13.36.070 (except for Sections 13.36.070(B)(1), (2), and (8)) if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.190 Disputes – Request for ruling.

If any user or applicant for a permit disputes the interpretation or application of this title, it may request a ruling by the director of utilities, who will set forth his or her determinations on the request. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.200 Appeals.

If the discharger or applicant for a permit is dissatisfied with the decision, enforcement action or determination made by the director of utilities under Section 13.36.100, he or she may, within thirty days after receipt of said ruling by the director of utilities, appeal said ruling by giving written notice of the basis of his or her appeal to the board of public utilities. The board shall, within thirty days after receipt of said written notice of appeal, make a final determination of the issue submitted. The determination of the board shall be final and may not be appealed to the city council. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.210 Fraud and false statements.

Pursuant to the provisions of 18 USC Section 1001, relating to fraud and false statements, and the provisions of Section 309(c)(2) of the Act governing false statements, representations, or certification in reports required under the Act, any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained for this title, a wastewater discharge permit, or who falsifies or tampers with or knowingly renders inaccurate any monitoring device or method required under this title, shall, upon conviction, be punished by a fine of not more than ten thousand dollars or imprisonment for not more than six months, or both. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).

13.35.220 Pretreatment charges and fees.

The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:

A. Fees for wastewater discharge permit applications including the cost of processing such applications;

B. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;

C. Fees for reviewing and responding to accidental discharge procedures and construction;

D. Fees for filing appeals; and

E. Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this title and are separate from all other fees, fines, and penalties chargeable by the city. (Ord. 898 § 2(part), 2020: Ord. 867 § 2(part), 2017: Ord. 824 § 2(part), 2009).