Chapter 13.06
GENERAL PROVISIONS
Sections:
13.06.010 Administration.
13.06.020 Time limits.
13.06.030 Inspection and sampling – General.
13.06.040 Recording of receipt of moneys.
13.06.050 Estimated quantities and values.
13.06.060 Interference with city’s wastewater system or facilities.
13.06.070 Falsifying information.
13.06.080 Discharge as a public nuisance.
13.06.090 Costs of damage or cleanup.
13.06.100 Administrative enforcement.
13.06.110 Administrative notice, hearing and appeal procedures.
13.06.120 Judicial enforcement.
13.06.010 Administration.
The director of public works (“director”) shall administer, implement and enforce the provisions of this title. Any powers granted to or duties imposed upon the director may be delegated by the director to persons in the employ of the city, or pursuant to contract.
The director shall make and enforce regulations necessary to the administration of this title and may recommend that the council amend such regulations from time to time as conditions require. These regulations shall be consistent with the general policy established herein by the city council and shall be subject to prior review and approval by the city council. (Ord. 2466 § 7, 1991).
13.06.020 Time limits.
Any time limit provided in any written notice or in any provision of this title may be extended only by a written directive of the director. (Ord. 2466 § 7, 1991).
13.06.030 Inspection and sampling – General.
A. The director may cause inspection and sampling of every facility involved directly or indirectly with the discharge of wastewater to the city’s wastewater system as deemed necessary. These facilities shall include, but not be limited to, sewer laterals, sewer connections, private sewers, public sewers, wastewater pumping stations, pollution control plants, all industrial processes, food establishment facilities or other facilities which may discharge grease and oil at levels which cause blockages to the sewer, industrial wastewater generation facilities, conveyance and pretreatment facilities, and all similar wastewater facilities. Inspections may be made to determine that such facilities are constructed, maintained and operated properly and are adequate to meet the provisions of this chapter.
B. Owners, users and operators of all facilities directly or indirectly connected to the city’s wastewater system, whether under construction or completed, shall give access to authorized personnel or representatives of the city at all reasonable times, including those occasioned by emergency conditions. Any permanent or temporary obstruction to easy access to the wastewater facility to be inspected shall promptly be removed by the facility owner, user or operator at the written or verbal request of the director and shall not be replaced.
No person shall interfere with, delay, resist or refuse entrance to an authorized city inspector attempting to inspect any wastewater generation, conveyance or treatment facility connected directly or indirectly to the city’s wastewater system, and the provisions of Chapter 1.16 CVMC shall not apply.
C. The city, through its representatives or inspectors, shall have the right to inspect and copy pertinent records relating to a permittee’s wastewater discharge or pretreatment operations including inventories, chemical usage, materials, sources, hazardous materials manifests and disposal records, treatment and operations log books, and materials invoices.
D. The director shall provide adequate identification for all inspectors and other authorized personnel, and those persons shall identify themselves when entering any property for inspection purposes or when inspecting the work of any contractor. (Ord. 2466 § 7, 1991).
13.06.040 Recording of receipt of moneys.
The director shall keep a permanent and accurate account of all fees, costs, charges, and civil penalties received under this title, giving the names and addresses of the persons on whose account such moneys were paid, the date and amount thereof, and the purpose for which paid. (Ord. 2466 § 7, 1991).
13.06.050 Estimated quantities and values.
Unless otherwise provided herein, whenever the fees and charges required by this title are based on estimated values or estimated quantities, the director shall make such determinations in accordance with established estimating practices. (Ord. 2466 § 7, 1991).
13.06.060 Interference with city’s wastewater system or facilities.
It is unlawful for any person to willfully enter, break, destroy, uncover, open, restrict flow, bury, deface or tamper with any sewer or any structure, equipment or appurtenance which is part of the city’s wastewater system or facilities. (Ord. 2466 § 7, 1991).
13.06.070 Falsifying information.
It is unlawful for any person to knowingly make any false statement, representation, record, report, plan or other document filed with the director or to falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this title. (Ord. 2466 § 7, 1991).
13.06.080 Discharge as a public nuisance.
Discharge of wastewater in any manner in violation of this title, or in violation of any order issued by the director as authorized by this title, is hereby declared unlawful and a public nuisance and shall be corrected or abated as directed by the director. (Ord. 2466 § 7, 1991).
13.06.090 Costs of damage or cleanup.
Any person who violates any of the provisions of this title or who otherwise causes a deposit, obstruction, damage or any other impairment to the city’s wastewater system or facilities is liable to the city for all damages, losses or expenses of cleanup or repair occasioned the city by reason of such violation or discharge. Additionally, this title is intended to create a private cause of action in any person suffering damages, losses or expenses as a result of such violation. (Ord. 2466 § 7, 1991).
13.06.100 Administrative enforcement.
A. Termination of Service. When deemed necessary for the preservation of public health or safety or for the protection of public or private property, the director may notify any person or persons using the wastewater system in a manner or way to endanger the public health or safety, or public or private property, in writing, of intention to suspend sewer service. In case of emergency, the director may act immediately to suspend sewer service without notice or warning to said person or persons. In suspending service, the director may sever all pertinent connections to the public sewer.
If service is so suspended, the director shall keep an account of the cost of suspension and remedy of the emergency situation, and bill the property owner and/or other person responsible therefor. The director shall give the affected person(s) notice of and opportunity for hearing on the need for and the cost of emergency action as soon as practicable after taking such action.
B. Revocation of Permit. The director may revoke any industrial wastewater discharge permit and terminate it if a violation of any provision of this title is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance. Such revocation shall be carried out pursuant to CVMC 13.06.110. This provision is cumulative of other statutes or rules authorizing termination of service for delinquency in payment and other civil, criminal or administrative enforcement actions provided for in this title.
C. Civil Penalties. Any person who violates any provision of this title or permit condition or who discharges wastewater which adversely affects the wastewater system or facilities, or who violates any cease and desist order or prohibition issued by the director, or national pretreatment standard shall be liable civilly for a penalty not to exceed $1,000 for each day in which such violation occurs, not to exceed $100,000 in total. Imposition of such civil penalties shall be pursuant to the procedures set forth in CVMC 13.06.110.
D. Recalculation of Sewer Service Charges.
1. When the director determines that the permittee is discharging a flow rate or a quantity of flow, chemical oxygen demand, suspended solids or other constituent in excess of that authorized by the permit or in excess of the quantities reported to the director by the permittee, the director shall recalculate the sewer service charge. The director may further institute proceedings to revoke the permit, or upon application, may issue an amended permit.
2. The data obtained in samplings, or any other relevant information obtained by the director or presented by the permittee, shall be used by the director as the quantity parameters used to determined a correct sewer service charge. When the director makes a determination pursuant to subsection (D)(1) of this section, in the absence of other evidence, the director shall presume that the permittee/discharger was discharging at the determined parameter values over the preceding three years or since the director’s previous verification of quantity parameters, whichever period is shorter.
The permittee shall be assessed for all delinquent sewer service charges together with penalty and interest. Before these charges shall be assessed, at least two additional 24-hour samples and flow measurements shall be obtained by the director, with all costs of sampling and analyses to be paid by the permittee. Imposition of said delinquent charges, penalties and interest shall be pursuant to the procedures set forth in CVMC 13.06.110. (Ord. 2466 § 7, 1991).
13.06.110 Administrative notice, hearing and appeal procedures.
A. Unless otherwise provided herein, any notice required to be given by the director under this title shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the director.
Where the address is unknown, service may be made upon the owner of record of the property involved. Such notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service whether or not the registered or certified mail is accepted.
B. Except for emergency suspension of sewer service (as provided in CVMC 13.06.100(A)), when the director determines that a violation of one or more provisions of this title exists or has occurred, any violator(s) or property owner(s) of record may be served by the director with a written notice and order. The notice and order shall state the municipal code section violated, describe how violated, the location and date(s) of the violation(s), and describe the corrective action required. The notice and order shall require immediate corrective action by the violator(s) or property owner(s) and explain which method(s) of administrative enforcement is being utilized by the director: suspension of sewer service, revocation of permit, civil penalties, and/or recalculation of sewer service charges. The notice and order shall also explain the consequences of failure to comply, including that civil penalties begin to immediately accrue if compliance is not achieved within 10 days from the date the notice and order is issued. The notice and order shall identify all hearing rights. The director may propose any enforcement action reasonably necessary to abate the violation.
C. If the violation(s) is not corrected within 10 days from the date the notice and order is issued, the director shall request the city manager to appoint a hearing officer and fix a date, time, and place for hearing. The director shall give written notice thereof to the violator(s) or owner(s) of record, at least 10 days prior to the date for hearing.
1. The hearing officer shall consider any written or oral evidence presented to determine whether the violation(s) exists; service should be terminated; the permit should be revoked, suspended, or modified; civil penalties should be imposed; and/or sewer service charges should be imposed, consistent with rules and procedures for the conduct of hearings and rendering of decisions established and promulgated by the city manager.
2. In determining whether action regarding a permit should be taken, or the amount of a civil penalty to be imposed, the hearing officer may consider any of the following factors:
a. Duration of the violation(s);
b. Frequency or recurrence;
c. Seriousness;
d. History;
e. Violator’s conduct after issuance of the notice and order;
f. Good faith effort to comply;
g. Economic impact of the penalty on the violator(s);
h. Impact of the violation on the community;
i. Any other factor which justice may require.
3. If the violator(s) or owner(s) of record fails to attend the hearing, it shall constitute a waiver of the right to a hearing and adjudication of all or any portion of the notice and order.
4. The hearing officer shall render a written decision within 10 days of the close of the hearing, including findings of fact and conclusions of law, identifying the time frame involved and the factors considered in assessing civil penalties, if any, or recalculation of sewer service charges, as appropriate. The decision shall be effective immediately, unless otherwise stated in the decision. The hearing officer shall cause the decision to be served on the director and all participating violators or owners of record.
5. If the persons assessed recalculated sewer service charges or civil penalties fail to pay them within the time specified in the hearing officer’s decision, the unpaid amount constitutes either a personal obligation of the person assessed or a lien upon the real property on which the violation occurred, in the discretion of the director. If the violation(s) is not corrected as directed, the recalculation/civil penalty continues to accrue on a daily basis. Civil penalties may not exceed $100,000 in the aggregate. When the violation is subsequently corrected, the director shall notify the violator(s) and/or owner(s) of record of the outstanding recalculated sewer service charges and/or civil penalties, and provide an opportunity for hearing if the amount(s) is disputed within 10 days from such notice.
6. The director shall take all appropriate legal steps to collect these obligations, including referral to the city attorney for commencement of a civil action to recover said funds. If collected as a lien, the director shall cause a notice of lien to be filed with the county recorder, and inform the county auditor and county recorder of the amount of the obligation, a description of the real property upon which the lien is to be recovered, and the name of the agency to which the obligation is to be paid. Upon payment in full, the director shall file a release of lien with the county recorder. (Ord. 2466 § 7, 1991).
13.06.120 Judicial enforcement.
A. Criminal Penalties. Notwithstanding CVMC 1.20.010, any person who violates any provision of this title or permit condition or who discharges wastewater which adversely affects the wastewater system or facilities or who violates any cease and desist order, prohibition or national pretreatment standard shall be punished, upon conviction, by a fine of not to exceed $10,000 for each day in which such violation occurs, or by imprisonment in the county jail for not more than one year, or both.
B. Injunction/Abatement of Public Nuisance. Whenever a discharge of wastewater is in violation of the provisions of this title or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the director may also cause the city to seek a petition to the superior court for the issuance of a preliminary or permanent injunction or both, or an action to abate a public nuisance, as may be appropriate in restraining the continuances of such discharge.
C. Other Civil Action. Whenever a notice and order or hearing officer’s decision is not complied with, the city attorney may, at the request of the director, initiate any appropriate civil action in a court of competent jurisdiction to enforce such notice and order or decision, including the recovery of any unpaid sewer service charges or civil penalties provided for therein. (Ord. 2466 § 7, 1991).