CHAPTER 14.36
SANITARY CODE – ENFORCEMENT
Section
14.36.010 Administative enforcement remedies
14.36.015 Judicial enforcement remedies
14.36.020 Supplemental enforcement action
14.36.025 Remedies nonexclusive
14.36.030 Affirmative defenses to discharge violations
14.36.040 Public nuisance when
14.36.050 Means of enforcement only
14.36.010 ADMINISTATIVE ENFORCEMENT REMEDIES.
A. Notification of Violation. Whenever the District Manager finds that any person has violated or is violating the Sanitary Code, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the District Manager may serve upon said person a written notice of violation. Within 7 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 person to the District Manager. Submission of this plan in no way relieves the person 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 District to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. Consent Orders. The District Manager may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents shall include specific action to be taken by the person 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 subsections (D) and (E) of this section and shall be judicially enforceable.
C. Show Cause Hearing. The District Manager may order a person who has violated, or continues to violate, any provision of the Sanitary Code, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the District Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the person 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 7 days prior to the hearing. Such notice may be served on any authorized representative of the person as defined in § 14.12.010 and required by § 14.17.030(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person.
D. Compliance Orders. When the District finds that a person has violated or continues to violate the Sanitary Code, wastewater discharge permits or order issued hereunder, or any other pretreatment standard or requirement, an order may be issued to the person responsible for the discharge directing that the person come into compliance within 30 days. If the person does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the person.
E. Cease and Desist Orders.
1. When the District Manager finds that a person is violating the Sanitary Code, the person’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the person’s past violations are likely to recur, the District Manager may issue an order to the person directing it or them to cease and desist all such violations and directing the person to:
a. Immediately comply with all requirements;
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.
2. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the person.
F. Administrative Fine.
1. Notwithstanding any other section of the Sanitary Code, any person that is found to have violated any provision of the Sanitary Code, their wastewater discharge permit, and orders issued hereunder, or any other pretreatment standard or requirement may be fined in an amount not to exceed $1,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation.
2. Assessments may be added to the person’s next scheduled sewer service charge and the District Manager shall have such other collection remedies as may be available for other service charges and fees.
3. Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance and interest shall accrue thereafter at a rate of 0.5% per month. A lien against the individual person’s property will be sought for unpaid charges, fines, and penalties.
4. Persons desiring to dispute such fines must file a written request for the District Manager to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the District Manager shall convene a hearing on the matter within 30 days of receiving the request from the industrial user. In the event the person’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user. The District may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.
5. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the person.
G. Emergency Suspensions.
1. The District Manager may immediately suspend a person’s discharge (after informal notice to the person) whenever such suspension is necessary in order 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 or the environment. The District Manager may also immediately suspend a person’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the sanitary sewer works, or which presents or may present an endangerment to the environment.
a. Any person notified of a suspension of their discharge shall immediately stop or eliminate their contribution. In the event of a person’s failure to immediately comply voluntarily with the suspension order, the District Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the WWTF, its receiving stream, or endangerment to any individuals. The District Manager shall allow the person to recommence its discharge when the person has demonstrated to the satisfaction of the District that the period of endangerment has passed, unless the termination proceedings set forth in this chapter are initiated against the person.
b. A person 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 District Manager, prior to the date of any show cause or termination hearing as set forth in this chapter.
2. Nothing in § 14.36.010(E) shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
H. Termination of Discharge.
1. In addition to those provisions in § 14.17.080, any person that violates the following conditions of the Sanitary Code, wastewater discharge permits, or orders issued hereunder, is subject to discharge termination.
a. Violation of wastewater discharge permit conditions;
b. Failure to accurately report the wastewater constituents and characteristics of its discharge;
c. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
d. Refusal of reasonable access to the person’s premises for the purpose of inspection, monitoring, or sampling; and
e. Violation of the pretreatment standards in § 14.16.090.
2. Such person will be notified of the proposed termination of its discharge and be offered an opportunity to show cause, under subsection (C) of this section, as to why the proposed action should not be taken.
(Ord. 911, § 2, passed 08-24-2015)
14.36.015 JUDICIAL ENFORCEMENT REMEDIES.
A. Injunctive Relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of the Sanitary Code, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the District may petition the Superior Court for the issuance of a temporary or permanent injunction, as may be appropriate in restraining the continuance of such violation.
B. Civil Penalties.
1. Any person who has violated or continues to violate the Sanitary Code, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement may be liable to the District for a maximum civil penalty of $6,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties may accrue for each day during the period of the violation.
2. The District may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the District.
3. When a discharge of wastes causes an obstruction, damage, or other impairment to the WWTF, the District may assess a charge against the person for the cost of the work required to clean or repair the WWTF and add such charge to the person’s service charge.
4. Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a person.
(Ord. 911, § 2, passed 08-24-2015)
14.36.020 SUPPLEMENTAL ENFORCEMENT ACTION.
A. Water Supply Severance. Whenever a person has violated or continues to violate the provisions of the Sanitary Code, wastewater discharge permits, or orders issued hereunder, water service to the person may be severed. Service will only recommence, at the person’s expense, after it has satisfactorily demonstrated its ability to comply.
B. Public Nuisances. Any violation of the Sanitary Code, wastewater discharge permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the District Manager. Any person(s) creating a public nuisance shall be subject to the provisions of applicable state and District codes, ordinances, rules and/or regulations governing such nuisances, including recoupment by the District of any costs incurred in removing, abating or remedying said nuisance.
(Ord. 911, § 2, passed 08-24-2015)
14.36.025 REMEDIES NONEXCLUSIVE.
The provisions in §§ 14.17.150 and 14.36.010 through 14.36.020 are not exclusive remedies. The District reserves the right to 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 District reserves the right to take other action against any user when the circumstances warrant. Further, the District is empowered to take more than 1 enforcement action against any noncompliant user. These actions may be taken concurrently.
(Ord. 911, § 2, passed 08-24-2015)
14.36.030 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
A. Upset.
1. 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 industrial 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.
2. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (A)(3) of this section are met.
3. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and the industrial user can identify the cause(s) of the upset;
b. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
c. The industrial user has submitted the following information to the sanitary sewer works and WWTF operators within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days):
(1) A description of the indirect discharge and cause of noncompliance.
(2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
(3) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
4. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
5. Industrial 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.
6. The industrial user 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 WWTF is reduced, lost, or fails.
B. Bypass.
1. For the purposes of this section, “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 WWTF which causes it to become inoperable, or substantial or 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.
3. 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 (B)(4) and (5) of this section.
4. Bypass Notifications.
a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the District Manager, at least 10 days before the date of the bypass, if possible.
b. A user shall submit oral notice to the District Manager of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within 5 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 reoccurrence of the bypass. The District Manager may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
5. Bypass.
a. Bypass is prohibited, and the District Manager 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 preventive maintenance; and (3) the user submitted notices as required under subsection (B)(4) of this section.
b. The District may approve an anticipated bypass, after considering its adverse effects, if the District Manager determines that it will meet the 3 conditions listed in subsection (B)(5)(a) of this section.
(Ord. 911, § 2, passed 08-24-2015)
14.36.040 PUBLIC NUISANCE WHEN.
Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of the Sanitary Code or any other ordinance, rule, or regulation of the District is declared to be a public nuisance. The District may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of the violation.
(Ord. 911, § 2, passed 08-24-2015)
14.36.050 MEANS OF ENFORCEMENT ONLY.
The District declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinance, rules, and regulations, and not as a penalty.
(Ord. 911, § 2, passed 08-24-2015)
14.36.060 PENALTY.
A. Any person that willfully or negligently violates any provision of the Sanitary Code, any orders, or wastewater discharge permits issued hereunder, or any other pretreatment requirement, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. Every day any violation of the Sanitary Code continues is a separate offense.
B. Any person that willfully or negligently introduces any substance into the WWTF which causes personal injury or property damage shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1.12. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. Every day any violation of the Sanitary Code continues is a separate offense.
C. Any person that knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to the Sanitary Code, wastewater discharge permit or order, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under the Sanitary Code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. Every day any violation of the Sanitary Code continues is a separate offense.
(Ord. 911, § 2, passed 08-24-2015)