Chapter 6.24
JUDICIAL ENFORCEMENT REMEDIES
Sections:
6.24.040 Remedies nonexclusive.
6.24.010 Injunctive relief.
When the general manager finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the general manager may petition the Riverside County Superior Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this division on activities of the user. The general manager 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. (Ord. 387 § 12.1, 2017)
6.24.020 Civil penalties.
A. A user who has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to Western for a maximum civil penalty of not less than $1,000 per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation.
B. The general manager may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by Western.
C. In determining the amount of civil liability, Western may seek to recover, and take into account, all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 387 § 12.2, 2017)
6.24.030 Criminal penalties.
Any user who violates any provision of this division is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed $1,000, or imprisonment for not more than six months, or both. Each day in which a violation occurs shall be subject to the penalties contained herein. (Ord. 387 § 12.3, 2017)
6.24.040 Remedies nonexclusive.
The remedies provided for in this division 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 Western’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. (Ord. 387 § 12.4, 2017)
6.24.050 Appeals.
A. Any user affected by and dissatisfied with any decision, order, or enforcement action made by the general manager interpreting or implementing the provisions of this division or industrial user permit, may file with the general manager a written appeal requesting reconsideration of such decision, order or enforcement action within 10 calendar days from the receipt of the notice of such decision, order or enforcement action. The user shall state in detail the facts supporting the user’s request for reconsideration. The general manager shall render a ruling on the request for reconsideration to the user in writing within 10 calendar days from receipt of the appeal. Submission of such a request in no way relieves the user of liability for any violations occurring before or after receipt of decision, order, or enforcement action, nor stays the requirements of achieving or maintaining compliance.
B. If the ruling on the request for reconsideration made by the general manager is unsatisfactory to user, the user requesting reconsideration may, within 10 calendar days after receipt of notice of the general manager’s ruling, file a written appeal with Western’s board of directors, lodging such appeal with Western’s secretary of the board of directors along with an appeals fee of $100.00. The written appeal shall be heard by Western’s board of directors within 60 days from the date of filing. Western’s board of directors shall make a ruling on the appeal within 45 days from the date of filing.
C. Western’s board of directors’ final ruling shall be deemed a final decision, order or action by Western which any person adversely affected by such decision, order or action may appeal to the appropriate court in the county of Riverside. No person may obtain judicial review of any decision, order, or enforcement action by Western under this division without first having exhausted his or her administrative remedies set forth in this section. (Ord. 387 § 12.5, 2017)