Chapter 3.08 ENFORCEMENT

Chapter 3.08
ENFORCEMENT

Sections:

3.08.010 Enforcement response plan.

In addition to all other enforcement procedures provided in this Malaga Code, the District shall develop and implement an enforcement response plan (ERP). The ERP shall contain detailed procedures indicating how the District will investigate and respond to instances of industrial user noncompliance. The ERP may be adopted and amended, by resolution of the Board of Directors and shall contain, at a minimum, the following:

A. A description of how the District will investigate instances of noncompliance;

B. Describe the types of escalating enforcement responses the District will take in response to all anticipated types of industrial user violations and the time periods within which response will take place;

C. Identify (by title) the official(s) responsible for each type of response; and

D. Adequately reflect the District’s primary responsibility to enforce all applicable pretreatment requirements and standards as detailed in 40 CFR 403.8(f)(1) and (f)(2).

The ERP, as adopted and amended by resolution of the Board of Directors, shall be incorporated by this reference into this Malaga Code.

3.08.020 Enforcement cost recovery.

The District shall be entitled to recover any and all costs to the District related to the enforcement of this title including but not limited to administrative, staff, testing, engineering, and attorney costs. The amount of the costs shall be determined by the General Manager or his or her designee. Anyone wishing to contest the amount of the charges imposed by this section may appeal to the Board by submitting a request for an appeal to the General Manager, or his or her designee, in writing within 30 days after the date the charge was billed to the IU, owner or responsible party. Cost of providing specific services may be set forth in the Master Schedule of Fees, Charges, Penalties and Recovered Costs. Cost recovery pursuant to this section shall be nonexclusive, in addition to any other method of cost recovery, and in addition to any penalties imposed by the District for violation of this code.