Chapter 13.07
ENFORCEMENT AND REMEDIES FOR MISUSE OF PHUGA SEWER SYSTEM
Sections:
13.07.010 Violations and remedies.
13.07.020 Enforcement authority.
13.07.030 Action authorized pursuant to JCC Title 19.
13.07.040 Administrative fines and penalties.
13.07.050 Civil liability for removal of unauthorized connections or taps.
13.07.070 Administrative appeal.
13.07.090 Remedies nonexclusive.
13.07.010 Violations and remedies.
(1) Whenever the director finds that any person has violated or is violating any of the provisions of this PHUGA utility code, the director may take one or more of the following actions:
(a) Emergency suspension of service and any permit;
(b) Termination of treatment services and permit revocation;
(c) Notice of violation or other administrative order;
(d) Assessment of civil penalties;
(e) Pursuit of criminal penalties; or
(f) Pursuit of any other legal or equitable remedy permitted under law.
(2) The director may take any action permitted under this PHUGA sewer utility code or JCC Title 19 to cure violations and remedy any misuse of the PHUGA sewer system. [Ord. 7-24 § 3 (Appx. A)]
13.07.020 Enforcement authority.
(1) The enforcement provisions specified in this chapter apply to any user of the PHUGA sewer system who violates any provision of this PHUGA sewer utility code or any permit, order, or determination of the director.
(2) To achieve compliance, the director may use a variety of enforcement mechanisms as provided in the Jefferson County Code and state law. The director may, at their discretion, implement the use of any mechanism or the concurrent use of several mechanisms to enforce the provisions of this PHUGA sewer utility code.
(3) The enforcement mechanisms provided herein may be cumulative in respect to such other enforcement mechanisms or civil and criminal penalties as may be otherwise available under federal, state, or local law.
(4) Nothing in this PHUGA sewer utility code is intended to prevent state and federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this PHUGA sewer utility code, which also constitutes a violation of federal or state statutes and regulations. [Ord. 7-24 § 3 (Appx. A)]
13.07.030 Action authorized pursuant to JCC Title 19.
(1) When the director determines that enforcement is required, the director may take any action authorized under JCC Title 19, in addition to any other remedy permitted under federal, state, or local law. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(2) Any violation of this PHUGA sewer utility code or a permit, order, or decision issued hereunder is a civil code violation as defined in JCC 19.10.015.
(3) The director is authorized to promulgate any rules necessary to ensure the efficient application of JCC Title 19 to enforcement actions pursuant to this PHUGA sewer utility code. [Ord. 7-24 § 3 (Appx. A)]
13.07.040 Administrative fines and penalties.
(1) When the director determines that a violation has occurred under this PHUGA sewer utility code, the director may impose a fine in an amount as specified in the PHUGA sewer system fee schedule and JCC Title 19. The director shall collect fines and penalties in the manner specified in JCC Title 19.
(2) Imposition of a fine or penalty shall not preclude any other action by the director against the user.
(3) The maximum penalty shall be $10,000 per violation per day for each violation of Chapter 13.06 JCC (Discharge Restrictions, Pretreatment Requirement, and Prohibited Discharge Permits). [Ord. 7-24 § 3 (Appx. A)]
13.07.050 Civil liability for removal of unauthorized connections or taps.
Whenever any tap or connection is made into any PHUGA sewer system improvement without payment of the assessment being made as required by this chapter, the department is authorized to remove and disconnect, or cause to be removed and disconnected, such unauthorized tap or connection including all connecting tile or pipe located in the right-of-way and dispose of such unauthorized material without liability. The property owner where the unauthorized connection is located shall be liable for all costs and expenses of any type incurred to remove, disconnect, and dispose of the unauthorized tap or connection. [Ord. 7-24 § 3 (Appx. A)]
13.07.060 Civil liability of dischargers for expenses and fines for violations of permits issued to the PHUGA sewer system utility caused by them.
Any discharger violating provisions of this PHUGA sewer system code shall be liable for any expense, loss or damage caused to the PHUGA sewer system utility by reason of such violation, including increased costs for treatment, sludge treatment, or disposal and operation and maintenance expenses when such increased costs are the result of the discharger’s discharge. Any discharge that causes any violation of any permit issued to operate the PHUGA sewer system, including but not limited to any National Pollutant Discharge Elimination System (“NPDES”) permit, state waste discharge permits (“SWD”), water treatment plant general permit, or water reclamation permit, and that causes the PHUGA sewer system utility or the county to be fined by any agency of the United States (including but not limited to the United States Environmental Protection Agency) or the state of Washington (including but not limited to the Washington State Department of Health or the Washington State Department of Ecology), the discharger shall be liable to the PHUGA sewer system utility or the county for all of their fines, penalties, and costs, including, without limitation, the total amount of the fine assessed against the PHUGA sewer system utility or the county and all attorney’s fees and costs, sampling, analytical and other associated costs and expenses. [Ord. 7-24 § 3 (Appx. A)]
13.07.070 Administrative appeal.
(1) Any aggrieved person may appeal any of the following decisions of the director:
(a) Suspension of the discharger’s wastewater services or any permit;
(b) Termination of the discharger’s wastewater services or any permit;
(c) Imposition of fine or penalty under this chapter or JCC Title 19; or
(d) Violation of a compliance schedule order.
(2) The administrative appeal authorized by this section shall be processed in accordance with Chapters 13.09 and 19.35 JCC. [Ord. 7-24 § 3 (Appx. A)]
13.07.080 Criminal penalties.
(1) A user who introduces any substance into the PHUGA sewer system which causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than $5,000, one year in jail, or both. Each day a violation occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage as provided for in the PHUGA sewer manual and available under state law.
(2) Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, under the PHUGA sewer system ordinance or order issued thereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample shall, upon conviction, be guilty of a gross misdemeanor, and punished by a fine of not more than $5,000, one year in jail, or both.
(3) Each day a violation occurs shall constitute a separate offense. [Ord. 7-24 § 3 (Appx. A)]
13.07.090 Remedies nonexclusive.
The provisions in this chapter are not exclusive remedies. The county reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. [Ord. 7-24 § 3 (Appx. A)]