13.08.220 Enforcement response plan for wastewater discharge permits (subregional system).
A. Authority. Where used in this section, unless otherwise stated, “City” means the City of Santa Rosa Subregional Water Reclamation System.
B. An enforcement response plan (ERP) shall be approved by the Board of Public Utilities to meet the requirements of 40 CFR Part 403 of the Clean Water Act and State waste discharge requirements. The ERP shall outline various administrative actions the Director of Utilities may take for any violation of this title.
C. When the Director of Utilities finds that a user has violated or continues to violate any provisions of this title, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Director of Utilities may serve upon that user but is not limited to any of the following enforcement actions:
1. Notice of Violation (NOV). When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Utilities may serve upon that user a written notice of violation. Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director of Utilities. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director of Utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
2. Administrative Orders (AO). The Director of Utilities may issue administrative orders, or enter into assurances of compliance, or other similar documents establishing an agreement with any user responsible for the noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document.
3. Consent Order. The Director of Utilities may enter into consent orders or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as administrative orders issued and shall be judicially enforceable.
4. Show Cause Order. The Director of Utilities may order a user which has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director of Utilities 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 the meeting shall be served personally or by registered or certified mail, return receipt requested, at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
5. Compliance Orders. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Utilities may issue an order to the user responsible for the discharge, directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
6. Cease and Desist Orders. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Director of Utilities may issue an order to the user directing it to cease and desist all such violations and directing the user to:
a. Immediately comply with all requirements; and
b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
D. Administrative Fines – Civil Penalties.
1. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Utilities may fine such user in an amount determined pursuant to the ERP. In addition, pursuant to the authority of California Government Code Sections 54739 to 54740.6, the City may issue administrative complaints, conduct administrative hearings, and/or impose civil penalties in accordance with the procedures set forth in these sections for violation of the City’s requirements set forth in this title. 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 discharger from which the discharge originated resulting in the imposition of the civil penalty. (California Government Code Sections 54740 and 54740.5.)
2. Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of the unpaid balance, and interest shall accrue thereafter. A lien against the user’s property may be sought for unpaid charges, fines, and penalties.
3. Users desiring to dispute such fines must file a written request for the Director of Utilities to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where the Director of Utilities believes a request has merit, the Director of Utilities may convene a hearing on the matter within 15 days after receiving the request from the user. The Director of Utilities may add the costs of preparing administrative enforcement actions, such as notices and orders to assess the fine. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.
4. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. Judicial Enforcement Remedies. Any user who violates any order issued by the Director of Utilities for violation of provisions of this title regulating or prohibiting discharge of wastewater which causes or threatens to cause a condition of contamination, pollution, or nuisance, as defined in SMC 13.08.020, or as amended, may be liable civilly in a sum not to exceed $25,000 for each day in which such violation occurs.
F. Injunctive Relief. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this title, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director of Utilities may seek the issuance of a temporary or permanent injunction, as appropriate, to restrain or compel the specific performance of the wastewater discharge permit, order, or other requirement imposed by this title on activities of the user. The Director of Utilities 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. (California Government Code Section 54740.)
G. Performance Bonds. The Director of Utilities may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this title, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director of Utilities to be necessary to achieve consistent compliance.
H. Liability Insurance. The Director of Utilities may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this title, a previous 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.
I. Potable Water Service Termination. Whenever a user has violated or continues to violate any provision of this section, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, potable water service to the user may be terminated by the City on the recommendation of the Utilities Director. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply.
J. Public Nuisances. A violation of any provision of this section, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the City Engineer. Any person(s) creating a public nuisance shall be subject to the provisions of the City Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
K. Cost Reimbursement.
1. When the discharge of wastewater causes an obstruction, damage, or other impairment to the City sewer system or treatment plant, the City Engineer may tabulate the expenses incurred for the work required to clean or repair the facility and correct the treatment process. Such expenses shall be reimbursed to the City by adding said expenses to the user’s billing for industrial service charges.
2. All costs associated with the City’s undertaking of enforcement actions pursuant to this title, including attorney’s fees for civil or administrative actions undertaken or any fines incurred by the City, shall be paid by the user. These costs may include but not be limited to the costs for termination of service, reinstitution of service, compliance sampling and analysis, and administrative activities undertaken by the City. However, if the user prevails in an appeal or a civil action taken to nullify an enforcement action pursued by the City under this title, the user shall not be responsible for the costs incurred by the City in pursuing said enforcement action. (Ord. 1078, 2015)