§ 6.16.030. Administrative enforcement remedies.

The following enforcement mechanisms shall be utilized by the District for the violation of any provision of this Title or any provision of a Non-domestic Sewer Discharge Permit:

A.

Verbal Warning. A verbal warning will be given for violations such as inadequate housekeeping practices, late reports, etc. Verbal warnings do not apply to violations of any wastewater quality standards or prohibitions. The verbal warning will be documented with a written follow-up letter.

B.

Written Warning. For failure to comply with a verbal warning, a written warning with a compliance date will be issued. Written warnings do not apply to violations of any wastewater quality standards or prohibitions.

C.

Notice of Violation. A Notice of Violation shall be issued whenever Non-domestic Sewer Discharge Permit violation occurs that does not imminently endanger human health or welfare. The Notice of Violation shall be served in person by a District representative or by certified or registered mail, return receipt requested, and shall require a response within no more than fourteen (14) calendar days. If the Industrial User claims immediate correction of the violation(s) then this shall be verified at the Industrial User's expense. Notice of Violation letters may include the appropriate penalty assessments as indicated in Title 6 Chapter 6.20 of the District Code.

D.

Administrative Orders. The General Manager may require compliance with this Title, permit conditions or wastewater quality standards by issuing Administrative Orders enforceable in a court of law, or by seeking a direct action. The following lists the types of Administrative Orders that shall be utilized by the District.

1.

Cease and Desist Order. Upon finding that a discharge has taken place in violation of the District's general discharge prohibitions, or the provisions of the Non-domestic Sewer Discharge Permit, the General Manager may issue a Cease and Desist Order and direct those persons in violation to comply immediately, or comply in accordance with a time schedule set forth by the General Manager. All Cease and Desist Orders shall have a penalty assessment as indicated in Title 6 Chapter 6.20 of the District Code.

2.

Compliance Time Schedule. Upon finding that a User will need to install pretreatment equipment in order to achieve compliance with this Title or the Non-domestic Sewer Discharge Permit requirements, the General Manager may require that a compliance time schedule, agreed upon in advance by the User and the District, be issued to the User. All Compliance Time Schedules shall have a penalty assessment as indicated in Title 6 Chapter 6.20 of the District Code.

3.

Show Cause Order. This order will require a User to appear at the District office at a certain date and time to show cause to the District as to why criminal and/or civil actions should not be taken against this User, and/or why sewer service should not be discontinued from the User's facility. All Show Cause Orders shall have a penalty assessment as indicated in Title 6 Chapter 6.20 of the District Code.

4.

Compliance Order. This order will direct a User to achieve or restore compliance by a specific date. The terms of the order need not be discussed with the User in advance. All Compliance Orders shall have a penalty assessment as indicated in Title 6 Chapter 6.20 of the District Code.

E.

Administrative Civil Penalties. Any User who has violated or is violating this Title 6 of the District Code, or a Non-domestic Sewer Discharge Permit, or any prohibition, limitation, or requirement contained therein, shall be subject to administrative and/or legal actions. The choice of an enforcement response including permit suspension and revocation is dependent on the magnitude and duration of the violation, its effect on the POTW and the environment and whether or not there is a danger to the health and safety of the general public due to wastewater generation or discharge.

1.

Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the District may issue an administrative complaint to any person who violates:

a.

Any provision of this Title; or

b.

Any permit condition, prohibition or effluent limit; or

c.

Any suspension or revocation order.

2.

The administrative complaint shall be served by personal delivery or certified mail on the person and shall inform the person that a hearing will be conducted, and shall specify a hearing date within sixty (60) calendar days following service. The administrative complaint will allege the act or failure to act that constitutes the violation of the District's requirements, the provisions of law authorizing civil liability to be imposed and the proposed civil penalty. The matter shall be heard by the General Manager or his designee. The person to whom an administrative complaint has been issued may waive the right to a hearing, in which case a hearing will not be conducted.

3.

At the hearing, the person shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with the procedures established by the General Manager and approved by the District's Board of Directors.

4.

After the conclusion of the hearing, the General Manager's designee shall submit a written report to the General Manager setting forth a brief statement of the facts found to be true, a determination of the issues presented, conclusions, and a recommendation.

5.

Upon receipt of the written report, the General Manager shall make a determination and if grounds exist for assessment of a civil penalty against the person, shall issue the decision and order in writing within thirty (30) calendar days after the conclusion of the hearing by the General Manager's designee.

6.

If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the General Manager or Board of Directors may assess a civil penalty against that person. In determining the amount of the civil penalty, the General Manager or Board of Directors 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 non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the person involved.

Civil penalties may be assessed as follows:

a.

In an amount which shall not exceed two thousand dollars ($2,000.00) for each day for failing or refusing to furnish technical or monitoring reports;

b.

In an amount which shall not exceed three thousand dollars ($3,000.00) for each day for failing or refusing to timely comply with any compliance schedules established by the District;

c.

In an amount which shall not exceed five thousand dollars ($5,000.00) per violation for each day of discharge in violation of any waste discharge limit, permit condition, or requirement issued, reissued or adopted by the District;

d.

In an amount which does not exceed ten dollars ($10.00) per gallon for discharges in violation of any suspension, revocation, cease and desist order or other orders, or prohibition issued, reissued or adopted by the District;

7.

An order assessing administrative civil penalties issued by the General Manager shall be final in all respects on the thirty-first day after it is served on the person unless an appeal and request for hearing is filed with the Board of Directors no later than the thirtieth day following such mailing. An order assessing administrative civil penalties issued by the Board of Directors shall be final upon issuance.

8.

Copies of the administrative order shall be served on the party served with the administrative complaint, either by personal service or by registered mail to the person at his business or residence address, and upon other persons who appeared at the hearing and requested a copy of the order.

9.

Any person aggrieved by a final order issued by the Board of Directors, after granting review of the order of the General Manager, may obtain review of the order of the Board of Directors in the Superior Court, pursuant to Government Code Section 54740.6, by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision or order issued by the Board of Directors.

10.

Payment on any order setting administrative civil penalties shall be made within thirty (30) days of the date the order becomes final. The amount of any administrative civil penalties imposed which have remained delinquent for a period of sixty (60) days shall constitute a lien against the real property of the Industrial User from which the discharge resulting in the imposition of the civil penalty originated. The lien shall have no effect until recorded with the county recorder. The District may record the lien for any unpaid administrative civil penalties on the ninety-first day following the date the order becomes final.

11.

No administrative civil penalties shall be recoverable for any violation for which the District has recovered civil penalties through a judicial proceeding filed pursuant to Government Code Section 54740.

F.

Termination of Discharge. In addition to having its Non-domestic Sewer Discharge Permit revoked, pursuant to the provisions in Section 6.12.050(M) of this Title, any user who violates or fails to satisfy any of the following conditions or requirements is subject to disconnection of the facility to the District's Sewer System:

1.

Violation of Non-domestic Sewer Discharge Permit conditions;

2.

Failure to accurately report the wastewater constituents and characteristics of its discharge;

3.

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

4.

Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling;

5.

Violation of the Pretreatment Standards of this Title; or

6.

Failure to pay applicable charges and fees.

Such user shall be notified of the proposed disconnection of the facility's sewer from the District's Sewer System and be offered an opportunity to show cause under Section 6.16.030(D)(3) of this Title, why the proposed action should not be taken. Exercise of this option by the District shall not be a bar to, or a prerequisite for, taking any other lawful action against the User.

G.

General Enforcement Procedures. The General Manager may notify the User of any violation by mail, or in person, and the possible actions the District may take against the User. Depending upon the frequency of the violation, and danger to public health and safety, the General Manager may grant the User as much as ninety (90) days to get back into compliance and/or get back into phase with their Compliance Time Schedule, or the User may be subject to suspension of their Non-domestic Sewer Discharge Permit pending permit revocation proceedings by the District.

Should the General Manager determine that any discharge of pollutants to the District's Sewer System reasonably appears to present an imminent endangerment to the health or welfare of persons, or the environment, he may immediately and effectively halt or prevent this discharge after informal notice to the User. All cost for severing and/or reinstating sewer service shall be borne by the Industrial User.

When the District finds that a User has discharged concentrated or non-compatible pollutants in a manner or method not approved by the District, penalty assessments will be applicable as listed in Title 6 Chapter 6.20 of the District Code.

Regardless of a valid permit or Compliance Time Schedule, all Users in violation with current point-source limitations, shall be required to pay their flow-weighted portion of any California Regional Water Quality Control Board (CRWQCB) fines assessed directly or indirectly to the District for any pollutant loadings in violation with current point-source limits, and shall be subject to all costs and payments or damages incurred to the District's Sewer System and/or the IEUA collection and treatment facilities.

H.

Show Cause Hearing.

1.

The General Manager may order any user who causes or allows an unauthorized discharge to enter the District's sewer system to show cause before the District Board of Directors why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board of Directors regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Board of Directors why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) calendar days before the hearing. Service may be made on any agent or officer of a corporation.

2.

The Board of Directors may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the District to:

a.

Issue in the name of the Board of Directors, notices of witnesses and the production of evidence relevant to any matter involved in such hearings;

b.

Take the evidence;

c.

Transmit a report of the evidence and hearings, including transcripts and other evidence, together with recommendations to the Board of Directors for action thereon.

3.

At any hearing held pursuant to this Title, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

4.

After the Board of Directors has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the discharge be discontinued unless adequate treatment facilities shall have been installed, or that specified devices or other related appurtenances shall have been installed on existing treatment facilities, or that existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

I.

Legal Action. If any person discharges sewage, industrial wastes or other wastes into the District's sewer system contrary to the provisions of Title 5 and Title 6 of the District Code, State Pretreatment Requirements, or any order of the District, the District's Attorney may commence an action for appropriate legal and/or equitable relief in the Superior Court of the County of San Bernardino.

( Ord. No. 28-D, § 2(Exh. A), 4-22-2014 )