Chapter 6.26
SUPPLEMENTAL ENFORCEMENT ACTION
Sections:
6.26.010 Penalties for late reports.
6.26.040 Payment of outstanding fees and penalties.
6.26.080 Protection from damage.
6.26.090 Falsifying information.
6.26.010 Penalties for late reports.
A penalty of $250.00 may be assessed to any user for each day that a report required by this division, a permit, or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the general manager to collect late reporting penalties shall not limit the general manager’s authority to initiate other enforcement actions that may include penalties for late reporting violations. (Ord. 387 § 13.1, 2017)
6.26.020 Performance bonds.
The general manager may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to Western, in a sum not to exceed a value determined by the general manager to be necessary to achieve consistent compliance. (Ord. 387 § 13.2, 2017)
6.26.030 Liability insurance.
The general manager may decline to issue or reissue an individual wastewater discharge to any user who has failed to comply with any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 387 § 13.3, 2017)
6.26.040 Payment of outstanding fees and penalties.
The general manager may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder. (Ord. 387 § 13.4, 2017)
6.26.050 Public nuisances.
A violation of any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared and deemed a public nuisance and shall be corrected or abated as directed by Western. Any violation shall be subject to preliminary or permanent injunctive relief. Any user creating a public nuisance shall be required to reimburse Western for any attorneys’ fees and costs incurred in removing, abating, or remedying such nuisance. (Ord. 387 § 13.5, 2017)
6.26.060 Informant rewards.
The general manager may pay up to $500.00 for information leading to the discovery of noncompliance by a user. In the event the information provided results in a civil penalty or administrative fine levied against the user, the general manager may reimburse up to 10 percent of the collected fine or penalty to the informant; provided, however, a single reward payment may not exceed $2,500. (Ord. 387 § 13.6, 2017)
6.26.070 Illegal connection.
Any connections made to Western’s collection system without complying with this division and paying all fees and charges required is illegal and a public nuisance. In the event of an illegal connection:
A. Western may enter the property where the illegal connection is located and disconnect any illegal connection from a sewer line contributory to the collection system. Should disconnection be necessary all costs incurred by Western including reasonable attorneys’ fees shall be recoverable by Western.
B. At the discretion of the general manager, after application for permit is made, the illegal connection may be allowed to continue by first determining that no harm has been done by the connection, and if the connection was properly made.
C. Any repairs must be fully effected at the sole expense of the user and a penalty of double the permit, inspection and connection fees, as established by the appropriate rate resolution, may be assessed by the general manager.
D. In addition, all unpaid sewer charges, assessments, capacity charges or other charges shall be computed from the date the illegal connection was made and shall be paid by the user. (Ord. 387 § 13.7, 2017)
6.26.080 Protection from damage.
No user shall intentionally or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is part of the collection system. Any user violating this provision shall be guilty of a misdemeanor and subject to the penalties provided by law. Any user who knowingly makes any false statements, representation, record, report, plan, or other document filed with Western or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall be guilty of a misdemeanor and shall be subject to the penalties provided by law or in the alternative shall be subject to administrative civil liability under this division. (Ord. 387 § 13.8, 2017)
6.26.090 Falsifying information.
Any user who knowingly makes any false statement, representation, record, report, plan or other document filed with WRCRWA or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall be guilty of a misdemeanor and shall be subject to the penalties provided by law or in the alternative, shall be subject to administrative civil liability under this division. (Ord. 387 § 13.9, 2017)