Chapter 6.75
ENFORCEMENT
Sections:
6.75.020 Enforcement response plan (ERP).
6.75.030 Administrative violations.
6.75.040 Violations of discharge limitations.
6.75.050 Unclassified violations.
6.75.070 Administrative orders.
6.75.080 Wastewater discharge permit revocation.
6.75.090 Termination of service.
6.75.100 Annual publication notice.
6.75.110 Administrative complaint.
6.75.120 Emergency suspension.
6.75.130 Civil liability for violations.
6.75.160 Supplemental enforcement actions.
6.75.170 Remedies nonexclusive.
6.75.180 Payment of fees, charges, and penalties.
6.75.190 Damage to facilities or interruption of normal operations.
6.75.210 Alternative enforcement procedures.
6.75.230 Interpretation – Intent.
6.75.010 Purpose and scope.
The board of directors and SAWPA’s commission finds that in order for the district and SAWPA to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the district’s, SAWPA’s and OCSD’s sewerage facilities and treatment processes are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the Brine Line and tributaries thereto by permitted users. (Ord. 389 § 6.1, 2018)
6.75.020 Enforcement response plan (ERP).
To the extent required by law or agreement, the district and SAWPA will use an enforcement response plan (ERP), as required by 40 CFR 403.8(f)(5) to coordinate enforcement actions against users and persons in noncompliance with this division. Enforcement actions up to and including notice of violation shall be administered by the district’s general manager. Enforcement action greater than notice of violation shall be administered by SAWPA’s general manager, with assistance as required from Western staff. To the extent that there is any conflict between the ERP and this division, this division shall take precedence. (Ord. 389 § 6.2, 2018)
6.75.030 Administrative violations.
There is hereby established a class of violations to be known as administrative violations that are further subdivided into minor and major administrative violations as follows:
A. Minor administrative violations include, but are not limited to, the following:
1. Submission of incomplete reports or questionnaires;
2. Failure to submit reports by the scheduled due date;
3. Failure to respond and submit to questionnaires;
4. Missing a compliance date without proper prior notification to the district and/or SAWPA;
5. Failure to conduct sampling, including self-monitoring, when required;
6. Failure to notify the general manager of a violation of permit conditions within 24 hours of the discovery of the violation; or
7. Failure to pay all required fees, penalties and charges within 45 days from the due date.
B. Major administrative violations include, but are not limited to, the following:
1. Failure to notify the general manager of a slug discharge immediately after discovery of said discharge;
2. Failure to respond, by scheduled due date, to letters requiring responses or to administrative orders;
3. Missing a compliance date by more than 45 days;
4. Falsification of documents or attempting to mislead the district, SAWPA or OCSD in any manner whatsoever;
5. Failure to cooperate with district or SAWPA or contracted employees exercising their authority under this division, including monitoring and inspection activities;
6. A pattern of minor administrative violations;
7. Failure to allow entry to authorized district employees, SAWPA employees, agents, OCSD employees, or contracted employees, in the course of their job, onto the user’s property;
8. Failure to produce records as required;
9. Failure to accurately report noncompliance;
10. Failure to submit required reports (self-monitoring, baseline monitoring report, 90-day compliance report, compliance schedule progress reports) or submitting such reports more than 45 days late;
11. Failure to pay pursuant to WMWDC 6.60.040, permit application fees, permit renewal fees, charges, or administrative penalties within 60 days of due date;
12. Intentional discharge of a hazardous waste or material or otherwise prohibited waste into the Brine Line or tributaries thereto; or
13. Wastewater discharge without a valid wastewater discharge permit after notification.
C. Upon notice of appropriate mitigating circumstances and consistent with applicable federal and state laws, the general manager has sole discretion to treat a major administrative violation as a minor administrative violation, or a pattern of minor administrative violations with aggravating circumstances as a major administrative violation. (Ord. 389 § 6.3, 2018)
6.75.040 Violations of discharge limitations.
A. There is hereby established a class of violations to be known as discharge violations that are further subdivided into minor and major discharge violations as follows:
1. Minor discharge violations are those that, either alone or in combination with similar user discharge violations, as determined by the general manager, pose no significant threat to the public health, safety or welfare, the environment, the Brine Line or tributaries thereto, OCSD’s POTW or to any district employee, SAWPA employee or contractor.
2. Major discharge violations may include, but are not limited to, the following:
a. As determined by significant noncompliance criteria in 40 CFR 403.8(f)(2)(viii);
b. Discharge violations which, either alone or in combination with similar discharges, as determined by the general manager, pose a significant threat to the public health, welfare or safety, the environment, the safe and efficient operation of the Brine Line or tributaries thereto, OCSD’s POTW, or to any district employee, SAWPA employee or contractor, or cause or contribute to the additional treatment costs incurred by the district and/or SAWPA or a violation of OCSD’s NPDES permit, or cause or contribute to pass through, interference, or other known damages;
c. Discharging regulated pollutants to the Brine Line or tributaries thereto without a current discharge permit;
d. A pattern of minor discharge violations;
e. Failure to correct a minor discharge violation within a specific time period as directed by the general manager; or
f. Tampering with or purposely rendering inaccurate any monitoring device, method or record required to be maintained pursuant to this division.
B. Upon notice of appropriate mitigating circumstances, the general manager has sole discretion to treat a major discharge violation as a minor discharge violation. The general manager also has sole discretion to treat a pattern of minor discharge violations with aggravating circumstances as individual major discharge violations. (Ord. 389 § 6.4, 2018)
6.75.050 Unclassified violations.
For any violation by any user or person that is not classified herein, or for the violation of any rule or regulation promulgated hereunder, the general manager shall have the discretion to treat such violation as a minor or major violation and to exercise enforcement authority accordingly. In exercising this enforcement authority, the general manager shall consider the magnitude of the violation, its duration, and its effect on receiving waters, the Brine Line or tributaries thereto, OCSD’s POTW, the health and safety of district employees, SAWPA employees, contractors, users, and the general public. The general manager shall also evaluate the user’s or person’s compliance history, good faith, and any other factors the general manager deems relevant. (Ord. 389 § 6.5, 2018)
6.75.060 Separate violations.
Any user or person found to be in violation of this division shall be charged with a separate violation for each day the same violation exists. Wastewater discharge pollutant violations shall be considered an individual violation for each pollutant in violation. (Ord. 389 § 6.6, 2018)
6.75.070 Administrative orders.
The general manager may require compliance with wastewater discharge permit conditions or limitations by issuing administrative orders that are enforceable in a court of law or by directly seeking court action. The general manager may use administrative orders, either individually, sequentially, concurrently, or in any order for one or more violations as appropriate for the circumstances. Administrative orders include:
A. Written Warning. A written warning shall be given to a user identified to have a minor administrative violation of this division or permit condition or requirement. The written warning shall be served personally, by a commercial delivery service (e.g. FedEx, UPS, etc.) or by certified mail upon the user, and the written warning will state the provisions violated, the facts alleged to constitute the violation and may include a correction notice at the discretion of the general manager.
B. Correction Notice. A correction notice shall be given to a user to require correction of minor violations noted during an inspection by the general manager of the user’s facility and may be issued in conjunction with a written warning.
1. Compliance time extensions may be granted to users who fail to correct minor violation required by a correction notice, upon showing of good cause by such user.
2. For purposes of this section, “good cause” means an unforeseeable and unavoidable event or series of events, over which user had no control, which prevented or significantly impaired the user’s ability to comply with the correction notice.
3. A correction notice may require a written response within 10 days of receipt; user shall provide a written explanation to the general manager of the violation, including specific actions taken to correct the violation. Submission of such a response in no way relieves the user of liability for any violations occurring before or after receipt of the written warning and/or correction notice.
C. Monitoring/production information order (MPIO) shall be issued to a user for consecutive violations or if determined to be in SNC for the same pollutant as detected either in district samples, SAWPA samples, user samples (self-monitoring), or all of the above. The MPIO shall be used to determine if discharge compliance has been achieved or if a detected violation is consistent. The user may be required to self-monitor the wastewater discharged for the pollutants in violation and record the daily effluent wastewater flow frequency and schedule as determined by the general manager based on the volume and frequency of industrial wastewater discharged to the Brine Line or tributaries thereto. Production information shall be required of all categorical industrial users which have production based discharge limits.
D. Notice of Violation (NOV). When the general manager finds that a user has violated, or continues to violate, any provision of this division, related resolution, an individual wastewater discharge permit or any order issued under this division, the general manager may serve upon the user a written notice of violation (NOV). The NOV shall be served personally, by a commercial delivery service, or by certified mail upon the user, and the NOV will state the provisions violated, the facts alleged to constitute the violation and may include any proposed corrective actions or monitoring. Within 10 business days of the receipt of the NOV, user shall provide a written explanation of the violation, a plan for the satisfactory correction and prevention thereof, including specific required actions, to the general manager. Submission of such a response and plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. Nothing in this section shall limit the authority of the general manager to take any action, including any emergency actions or any other enforcement action, with or without the issuance of a NOV.
E. Violation meeting shall be required of all users who have failed to achieve compliance after the issuance of an NOV or violation(s) resulting in significant noncompliance. This meeting shall be for the SAWPA general manager to consider drafting a consent order or compliance order and for the user to propose solutions, request time extensions, draft a compliance schedule, or file an appeal.
F. Consent Order. The SAWPA general manager may, at any time after finding a violation of this division, enter into an agreement with the violating user that shall be known as a consent order. Such agreement may be in the form of compliance schedule with milestones or other specific actions to be taken by the user to correct or prevent the noncompliance within a time period specified in the order, or payment of damages, penalties, fines, or other remedies. The consent order is developed between the user and SAWPA. This order shall have the same force and effect as any other administrative order issued pursuant to this division and may include a civil penalty pursuant to WMWDC 6.75.110(E). A consent order may be enforced by an administrative complaint under WMWDC 6.75.110 or by court action.
G. Compliance Order.
1. A compliance order shall be issued to a user that has violated or continues to violate this division, the user’s wastewater discharge permit, or any other order issued under this division. The SAWPA general manager may issue a compliance order to the user responsible for the violation(s) which shall specify the provisions violated and the facts constituting the violation(s), and shall direct that adequate treatment facilities, devices, or other related appurtenances be installed and properly operated by a specified time period. Compliance orders may also contain such other requirements as the SAWPA general manager deems reasonably necessary and appropriate to assure timely compliance with this division and to address the noncompliance. Such order may require the installation of pretreatment technology, additional self-monitoring, management practices, adherence to a compliance schedule with milestones, submission of action plans, appearance by the user at a specific time and place for a compliance meeting, or other measures necessary to achieve and maintain compliance. The compliance order is developed by the SAWPA general manager without comment from the user and may include a civil penalty pursuant to WMWDC 6.75.110(E).
2. If no public hearing on the alleged violation(s) has been previously conducted, the alleged violating user may either submit a written explanation or other response to the order or request the SAWPA general manager to conduct either an informal meeting or a hearing. Such submission or request shall be in writing and filed with the SAWPA general manager no later than 10 days after receipt of the order. The request shall not stay the order.
3. A compliance order may be enforced by an administrative complaint under WMWDC 6.75.110 or by court action.
H. Civil penalty order will be issued to a user by the SAWPA general manager, district or SAWPA counsel to assess penalties required by WMWDC 6.75.110, 6.75.120 and 6.75.200 and any other costs incurred by the district or SAWPA in the investigation, monitoring, legal assistance, enforcement, cleanup or repair caused by the user’s violation. The civil penalty order may be included with any other order.
I. Cease and desist order shall be issued by the SAWPA general manager to any user or persons whose violation(s) of this division, a wastewater discharge permit, or any order issued hereunder, pose(s) a threat to the Brine Line or tributaries thereto, OCSD’s POTW, district or SAWPA employees or contractors, OCSD, the environment or the public. A cease and desist order may also be issued by the SAWPA general manager to users who continue to discharge wastewater to the Brine Line or tributaries thereto without a valid wastewater discharge permit or in violation of such permit. The SAWPA general manager may issue an order to cease and desist immediately upon discovering any such violations and direct those users or persons in noncompliance to take such appropriate remedial or preventive action as may be deemed necessary to eliminate a continuing or threatened violation, including halting operations and terminating the discharge. Such order shall include the provision violated and the facts constituting the violation. A cease and desist order may also include a monetary penalty pursuant to WMWDC 6.75.110(E).
J. Show Cause Hearing. The SAWPA general manager may order a user which has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or any order issued under this division, or any other pretreatment standard or requirement adopted by resolution or otherwise, to appear before the SAWPA general manager 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 hearing shall be served personally or by certified mail at least 30 days prior to the hearing. The hearing shall be in the nature of a meet and confer meeting. A show cause hearing shall not be a bar against, or prerequisite for, taking any enforcement action against the user. (Ord. 389 § 6.7, 2018)
6.75.080 Wastewater discharge permit revocation.
The SAWPA general manager may revoke any wastewater discharge permit if the user is in violation of any provision of this division. These violations can include but are not limited to: falsification of information by the user required by this division; refusing right of entry by district or SAWPA or OCSD; failure to reapply for a wastewater discharge permit or request a required permit modification; failure to pay required permit fees or charges or discharging in violation of this division. Validity of the wastewater discharge permit shall be conditioned upon the industrial user’s compliance with the provisions of this division. The SAWPA general manager may revoke the wastewater discharge permit upon a minimum notice (written and sent by certified mail) of 15 days when the SAWPA general manager finds that the wastewater discharge is in violation of the provisions of this division or of any applicable federal, state, county or city law or regulation or if the industrial user has failed to pay any user fee or penalty within 45 days of invoicing by SAWPA. Within the 15 days prior to the intended permit revocation, the SAWPA general manager shall make a hearing available to the user. All costs for wastewater discharge permit revocation and reissuance shall be paid by the user. (Ord. 389 § 6.8, 2018)
6.75.090 Termination of service.
Notwithstanding any provision to the contrary, and without prior notice, the SAWPA general manager may immediately terminate wastewater service to any user in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or which causes interference to the Brine Line or tributaries thereto, OCSD’s POTW, or causes OCSD to violate any condition of its NPDES permit or if the user has failed to obtain a valid wastewater discharge permit. If a suspension order has been issued, and the user fails to comply voluntarily with the suspension order, the SAWPA general manager shall take such steps as deemed necessary, including immediate termination or severance of the sewer service lateral connection, to prevent or minimize damage to the Brine Line or tributaries thereto, OCSD’s POTW, or endangerment to any person or the environment. All costs for terminating service shall be paid by the user. All costs for reestablishing service shall be paid by the user. (Ord. 389 § 6.9, 2018)
6.75.100 Annual publication notice.
The names of all significant industrial users which at any time during the previous 12 months were found to be in significant noncompliance with applicable pretreatment standards, requirements and this division shall be published at least annually in a newspaper of general circulation that provides meaningful public notice, or other electronic means, within the jurisdictions of SAWPA in which the significant industrial user is located, in accordance with 40 CFR 403.8(f)(2)(viii). (Ord. 389 § 6.10, 2018)
6.75.110 Administrative complaint.
A. Notwithstanding WMWDC 6.75.070, the SAWPA general manager may issue an administrative complaint to a user who violates this division, permit requirement, or an administrative order.
B. The administrative complaint shall allege the act or failure to act that constitutes the violation, the provisions of law authorizing civil liability to be imposed and the proposed civil penalty. The administrative complaint shall be served by personal delivery or certified mail on the user and shall inform the user served that a hearing shall be conducted within 60 days after the user has been served.
C. The hearing shall be before a hearing officer designated by SAWPA’s commission. The user who has been issued an administrative complaint may waive the right to a hearing, in which case SAWPA shall not conduct a hearing. A user dissatisfied with the decision of the hearing officer may appeal to the commission of SAWPA within 30 days of notice of the hearing officer’s decision.
D. If after the hearing, or appeal, if any, it is found that the user has violated reporting or discharge requirements, the hearing officer or the commission may assess a civil penalty against that user. In determining the amount of a civil penalty, the hearing officer or commission of SAWPA may take into consideration all relevant circumstances including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occured and corrective action, if any, attempted or taken by the user.
E. Civil penalties may be imposed as follows:
1. In an amount which shall not exceed $2,000 for each day for failing or refusing to furnish technical or monitoring reports (Government Code, Section 54740.5(d)(1));
2. In an amount which shall not exceed $3,000 for each day for failing or refusing to timely comply with any compliance schedule established by the general manager (Government Code, Section 54740.5(d)(2));
3. In an amount which shall not exceed $5,000 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued or adopted by SAWPA (Government Code, Section 54740.5(d)(3));
4. In an amount which shall not exceed $10.00 per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adopted by the general manager (Government Code, Section 54740.5(d)(4)).
F. Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days established by the order. Copies of these orders shall be served by personal service or by certified mail upon the parties served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy.
G. All monies collected under this section shall be deposited in a special account of SAWPA and shall be made available for the monitoring, treatment and control of discharges into the Brine Line and tributaries thereto.
H. The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the user from which the discharge, ordinance violation, or permit violation originated resulting in the imposition of the civil penalty. The lien shall be recorded with the county recorder for the respective county and when recorded shall have the force and effect and priority of a judgment lien and continue for 10 years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
I. No penalties shall be recoverable under this section for any violation for which civil liability is recovered under WMWDC 6.75.130.
J. Judicial Review.
1. Any user aggrieved by a final order issued by the SAWPA commission under this section may obtain review of the order of the commission in the superior court by filing in the court a petition for writ of mandate within 30 days following the service of a copy of a decision and order issued by the commission. Any user aggrieved by a final order of a hearing officer issued under this section for which the commission denies review, may obtain review of the order of the hearing officer in the superior court by filing in the court a petition for writ of mandate within 30 days following service of a copy of a decision and order denying review by the commission.
2. If no aggrieved user petitions for writ of mandate within the time allowed, an order of the commission of SAWPA or a hearing officer shall not be subject to review by any court or agency.
3. The evidence before the court shall consist of the record before the commission of SAWPA, including the hearing officer’s record, and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implement policies of this division. In every such case, the court shall exercise its independent judgment on the evidence.
4. Subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern review proceedings. (Ord. 389 § 6.11, 2018)
6.75.120 Emergency suspension.
The commission or SAWPA’s general manager may immediately suspend a user’s discharge, after 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 commission or its agent 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 human health or the environment.
A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, commission may take such steps as deemed necessary, including immediate termination or severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The commission may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the commission that the period of endangerment has passed.
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 commission prior to the date of any show cause or termination hearing under WMWDC 6.75.070(J) and 6.75.090.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 389 § 6.12, 2018)
6.75.130 Civil liability for violations.
All users of the collection system are subject to enforcement actions, imposed administratively or judicially, by the district, SAWPA, OCSD, U.S. EPA, State Water Resources Control Board, Regional Water Quality Control Board, or the county of Riverside. Said actions may be taken pursuant to applicable federal, state and local laws and regulations, as the same may be revised from time to time. For example, and not by way of limitation, said laws and regulations may include the following: the Federal Water Pollution Control Act, commonly known as the Clean Water Act (U.S.C. Section 1251 et seq.), the California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.) and the California Government Code Section 54725 et seq.
A. Any user that violates any provision of this division, any requirement of the wastewater discharge permit, or administrative order, may be civilly liable to the district and/or SAWPA in a sum not to exceed $25,000 a day for each violation. In addition to these penalties and damages, the general manager or SAWPA general manager may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including, but not limited to, sampling, monitoring, laboratory costs and inspection expenses.
B. The district’s legal counsel is hereby authorized to petition the superior court to impose, assess, and recover the sums as described in subsection A of this section. In determining the amount, the court shall take into consideration all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the economic benefit derived through any noncompliance, the nature and persistence of the violation, the length of time over which the violation occurred, and any corrective actions, if any, attempted or taken by the user.
C. Notwithstanding any other provision of law, all civil penalties imposed by the court for a violation of this section shall be distributed to the district.
D. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section for any violation for which liability is recovered under WMWDC 6.75.110. (Ord. 389 § 6.13, 2018)
6.75.140 Criminal penalties.
A. Any user which willfully or knowingly violates any provision of this division, or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor for each separate violation per day, punishable by a fine not to exceed $1,000 or imprisonment for not more than six months, or both for each violation. Each violation and each day in which a violation occurs may constitute a new and separate violation of this division and shall be subject to the penalties contained therein.
B. Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this division or the user’s wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than six months, or both for each violation. This penalty shall be consistent with the Federal Clean Water Act, 33 U.S.C. 1251 et seq. and shall apply to the exclusion of any other division provisions more lenient. (Ord. 389 § 6.14, 2018)
6.75.150 Legal action.
If any user discharges wastewater into the Brine Line or tributaries thereto in violation of the provisions of this division, federal or state pretreatment requirements, or any order or permit issued hereunder, then SAWPA may commence an enforcement and/or collection action for legal, equitable or injunctive relief in the appropriate court of Riverside or San Bernardino County. Any such court action filed by SAWPA shall entitle SAWPA to recover all reasonable attorneys’ fees, court costs, expert witness fees and related litigation expenses. (Ord. 389 § 6.15, 2018)
6.75.160 Supplemental enforcement actions.
A. Performance Bonds. The general manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or administrative order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond payable to SAWPA, in a sum not to exceed a value determined by the general manager to be necessary to achieve consistent compliance.
B. Liability Insurance. The general manager may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or administrative order issued hereunder, or any other pretreatment standard or requirement, unless such user first submits proof that liability insurance satisfactory to the general manager has been obtained by the user sufficient to restore or repair damage to the Brine Line or tributaries thereto or OCSD’s POTW.
C. Public Nuisance. A violation of any provision of this division, a wastewater discharge permit, or administrative order issued hereunder, or any pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the general manager. Any user creating a public nuisance shall be required to reimburse SAWPA for any costs incurred in removing, abating, or remedying such nuisance. (Ord. 389 § 6.16, 2018)
6.75.170 Remedies nonexclusive.
The enforcement remedies for this division are not exclusive. The general manager may take any, all, or any combination of these remedies against a noncompliant user. Enforcement of ordinance, pretreatment, and wastewater discharge permit violations will generally be in accordance with the district’s and SAWPA’s enforcement response plan. The general manager, however, may take other actions against any user when the circumstances warrant. Further, the general manager is also empowered to take more than one enforcement action against any noncompliant user. (Ord. 389 § 6.17, 2018)
6.75.180 Payment of fees, charges, and penalties.
A. Unless otherwise specified, all fees, charges and penalties imposed pursuant to this division are due and payable within 45 days of receipt of notice or invoicing by the district or SAWPA.
B. For users who fail to pay any required fee, charge or penalty by the due date, the following penalties shall apply:
1. Forty-six days after the date of invoice, a penalty of 10 percent of the original invoice amount, not to exceed $1,000, shall be assessed.
2. Ninety days after the date of invoice, a total penalty of 10 percent of the original invoice amount, not to exceed a maximum of $4,000, shall be assessed.
C. Any invoice outstanding and unpaid after 90 days shall be cause for immediate initiation of wastewater discharge permit revocation proceedings or immediate suspension of the wastewater discharge permit. In addition, interest shall accrue on any unpaid fees, charges or penalties at 10 percent per annum from the due date until paid.
D. Penalties charged under this section shall not accrue to those invoices successfully appealed.
E. Payment of disputed charges is still required by the due date during the general manager’s review of any appeal submitted by a user. (Ord. 389 § 6.18, 2018)
6.75.190 Damage to facilities or interruption of normal operations.
A. Any user who discharges any waste which causes or contributes to any obstruction, interference, damage, or any other impairment to the Brine Line or tributaries thereto or OCSD’s POTW and sewerage facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the district, SAWPA or OCSD to resume normal operations. Such discharge shall be grounds for permit revocation. A service charge of up to 90 percent of the district’s or SAWPA’s costs shall be added to the costs and charges to reimburse SAWPA for miscellaneous overhead, including administrative personnel and record keeping at the general manager’s discretion. The total amount shall be payable within 45 days of invoicing by SAWPA.
B. Any user who discharges a waste which causes or contributes to the district or SAWPA violating its discharge requirements established by any regulatory agency and/or OCSD and causing the district or SAWPA to incur additional expenses or suffer losses or damage to its facilities, shall be liable for any costs or expenses incurred by the district or SAWPA, including regulatory fines, penalties, and assessments made by other agencies or a court. (Ord. 389 § 6.19, 2018)
6.75.200 Appeals.
Except for administrative complaints as provided in WMWDC 6.75.110:
A. Within 10 business days after service of an administrative order under WMWDC 6.75.070(F), (G), (H), (I), 6.75.080 or 6.75.090, the user may file a written appeal with the SAWPA commission. A fee of $100.00 shall accompany any appeal to the SAWPA commission. The written appeal shall state all of the facts and reasons that constitute the basis for such an appeal. The written appeal shall be heard by the SAWPA commission within 30 days from the date of filing of the written appeal. The SAWPA commission shall issue a final order on the appeal within 45 days from the date of filing of the written appeal. Any user aggrieved by a final order issued by the commission under this section may seek judicial review of the order of the commission in superior court by filing a petition for writ of mandate within 30 days following the service of a copy of the commission’s final order. Failure to file such a petition within that 30-day deadline shall be deemed a waiver of such judicial review. (Ord. 389 § 6.20, 2018)
6.75.210 Alternative enforcement procedures.
As additional and alternate enforcement provisions, the general manager may utilize the procedures and seek the civil penalties provided in Sections 54739, 54740, 54740.5 and 54740.6 of the California Government Code for violations of this chapter, federal or California pretreatment requirements or the terms and provisions of any permits issued pursuant to this division. (Ord. 389 § 6.21, 2018)
6.75.220 Invalidity.
If any provision of this division or the application thereof to any user or circumstance is held invalid, the remainder of this division and the application of such provision to other users or circumstances shall not be affected thereby. (Ord. 389 § 6.22, 2018)
6.75.230 Interpretation – Intent.
All the provisions of this division are to be reasonably interpreted. The intent herein is to recognize that there are varying degrees of hazard to the Brine Line, OCSD’s POTW, personnel, environment and the public and to apply the principle that the degree of protection shall be commensurate with the degree of hazard. (Ord. 389 § 6.23, 2018)