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1 RESOLUTION NO.
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RE-ADOPTING AN ENFORCEMENT RESPONSE PLAN ESTABLISHING
3 APPROPRIATE RESPONSES AND PENALTIES TO NON-COMPLIANT USERS WHO
DISCHARGE NON-DOMESTIC W ASTEW ATER TO THE SAN BERNARDINO WATER
4 RECLAMATION PLANT AND REPEALING RESOLUTION NO. 2006-35.
5 WHEREAS, the United States Environmental Protection Agency (EPA) has established the
6 Industrial Wastewater Pretreatment Program through the Clean Water Act (33 U.S.c. 1251 et seq.);
7 and
8 WHEREAS, Publicly Owned Treatment Works (POTW) are required to develop and
9 implement an Industrial Waste Pretreatment Program in compliance with Federal laws and regulations,
10 as required in 40 CFR 403.8; and
11 WHEREAS, Federal law codified in 40 CFR 403.8(f)(5) requires the POTW to develop and
12 implement an Enforcement Response Plan indicating how a POTW will investigate and respond to
13 instances of industrial user non-compliance; and
14 WHEREAS, the Enforcement Response Plan includes progressive enforcement actions and
15 penalties to be levied against non-compliant industrial users; and
16 WHEREAS, the POTW does not currently have an approved Enforcement Response Plan; and
17 WHEREAS, the proposed Enforcement Response Plan meets all requirements codified in 40
18 CFR 403.8(f)(5)(i-iv); and
19 NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of
20 San Bernardino as follows:
21 SECTION 1. Pursuant to the Federal requirements codified in 40 CFR 403.8(f)(5), the Mayor
22 and Common Council of the City of San Bernardino does hereby approve and adopt the Enforcement
23 Response Plan, a copy of which is attached hereto, marked exhibit "A" and made a part hereof as fully
24 as though set forth at length herein.
25 SECTION 2. This resolution shall become effective upon adoption of the concurrent
26 amendments to the San Bernardino Municipal Code Chapter 13.32.
27 SECTION 3. Resolution No. 2006-35 is hereby repealed.
28 / II II
February 21, 2006
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Page 1 0[2
A RESOLlITION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RE-ADOPTING AN ENFORCEMENT
RESPONSE PLAN ESTABLISHING APPROPRIATE RESPONSES AND PENALTIES TO NON-COMPLIANT USERS WHO DISCHARGE NON-
DOMESTIC W ASTEW ATER TO THE SAN BERNARDINO WATER RECLAMATION PLANT AND REPEALING RESOLUTION NO. 2006-35.
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof held on the
2 Common Council of the City of San Bernardino at a
3 _day of
, 2006, by the following vote, to wit:
The foregoing resolution is hereby approved this
4
COUNCIL MEMBERS
5 ESTRADA
6 LONGVILLE
7 MCGINNIS
8 DERRY
9 KELLEY
10 JOHNSON
11 MCCAMMACK
12
13
14
15
16
17 2006.
18
19
20
21 APJroved as to form
an legal content:
22
23 JAMES F. PENMAN
City Attorney
24
25 By: .
26
27
28
February 21, 2006
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AYES
NAYS
ABSENT
ABSTAIN
Rachel Clark, City Clerk
day of
Judith Valles, Mayor
City of San Bernardmo
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Page 2 0[2
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
ENVIRONMENTAL CONTROL SECTION
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ENFORCEMENT
RESPONSE
PLAN
February 21, 2006
TABLE OF CONTENTS
I. INTRODUCTION...............................................................................................1
II. DEFINITIONS ............................ ......................................................................... 2
III ENFORCEMENT PROCEDURES.............................................................. 7
1. ENFORCEMENT RESPONSES.......................................................7
2. DETERMINING F ACTORS.............................................................. 16
3. ENFORCEMENT VIOLATION GUIDE....................................... 18
I. INTRODUCTION
On July 24, 1990 (55 Fed. Reg. 30082), the Environmental Protection Agency (EP A) promulgated
regulations in 40CFR 403.8(f)(5) which require all Publicly Owned Treatment Works (POTWs) to
adopt an Enforcement Response Plan (ERP) as part of their approved pretreatment program. The
ERP is required to include the necessary procedures to promptly and objectively identify, document,
track, and respond to all violations of Federal, State and Local pretreatment regulations.
The regulations specified in 40CFR 403.8(f)(5) specifically require the POTW to develop and
implement an enforcement response plan. This plan is required to contain procedures indicating
how a POTW will investigate and respond to instances of industrial user noncompliance. The plan
shall, at a minimum, include methods to:
1. Describe how the POTW will investigate instances of noncompliance;
2. Describe the types of escalating enforcement responses the POTW will take in response to
all anticipated types of industrial user violations and the time periods within which responses
will take place;
3. Identify (by title) the official(s) responsible for each type of response;
4. Adequately reflect the POTWs primary responsibility to enforce all applicable pretreatment
requirements and standards, as detailed in 40CFR 403.8(f)(1) and (f)(2)
The City of San Bernardino Municipal Water Department (SBMWD) pretreatment program is
administered by the Environmental Control Section (EC Section). The EC Section is responsible for
the development and implementation of the required ERP. The EC Section is granted legal authority
under 40CFR403, SBMWD National Pollutant Discharge Elimination System (NPDES) permit (No.
CAOI05392), Chapter 13.32 of San Bernardino Municipal Code (SBMC) and accompanying
resolutions to enforce the requirements specified in the ERP.
All enforcement actions are progressive in nature and will escalate commensurate with the violation
and response from the industrial user (IV). The ERP is to be used as a reference to assist the EC
Section with the appropriate level of enforcement response for similar violations. The ERP is not
designed to be all inclusive and as such does not include every possible violation or corrective
action(s) for the included violations. The purpose of the ERP in general, is to be flexible while
being consistent in the implementation of the enforcement measures issued to noncompliant users.
The EC Section reserves the right to initiate enforcement action at any level deemed necessary to
protect the operation of the POTW, the safety of the SBMWD employees and to expedite
compliance from the user. Assistance in the preparation of maj or violation enforcement responses
is provided by the San Bernardino City Attorney and/or the San Bernardino County District
Attorney's Office.
Environmental Response Plan
Page 1 of 22
II. DEFINITIONS
Unless otherwise defined herein, definitions of terms related to the Pretreatment Program, Industrial
User Pennits and this Enforcement Response Plan shall be those set forth in SBMC Chapter 13.32
regulating the discharge of wastes into the sewer system of the City of San Bernardino.
1. Administrative Order (AO) means an enforcement action authorized by SBMC Section
13.32.635, which directs industrial users to undertake corrective actions or cease specified
activities to correct violations.
2. Categorical Industrial User shall mean all industrial users subject to National Categorical
Pretreatment Standards promulgated by the EP A in accordance with Sections 307 (b) and ( c)
of the Clean Water Act (33 U.S.C. Sec. 1317 et seq.) and amendments thereto, and as listed
by the EPA under the appropriate subpart of 40CFR Chapter I, Subchapter N, and
amendments thereto.
3. Chapter 13.32 shall mean Chapter 13.32 of the SBMC as it currently exists and as hereafter
amended.
4. City shall mean the City of San Bernardino, acting through the elected officials and
authorized representatives.
5. Code of Federal Regulations (CFR) shall mean the codification of the general and
permanent rules published in the United States Federal Register by the Executive
departments and agencies of the Federal Government, including the Environmental
Protection Agency.
6. Collection System shall mean all pipes, sewers and conveyance systems carrying
wastewater to the Water Reclamation Plant (WRP), owned and maintained by the City
and/or by tributary Service Areas contracting with the City for sewer service, excluding
sewer service lateral line connections.
7. Compliance Order shall mean a time schedule issued to an IU by the SBMWD which
specifies corrective actions called milestones to be completed by the IU to correct violations
of the IV's wastewater discharge pennit or SBMC Chapter 13.32.
8. Consent Order shall mean a time schedule agreed upon between the SBMWD and an IV
which specifies corrective actions called milestones to be completed by the IU to correct
violations of the IV's wastewater discharge pennit or SBMC Chapter 13.32.
9. Control Authority shall mean the City of San Bernardino Environmental Control Section.
Environmental Response Plan
Page 2 of 22
10. Dilution shall mean the increase in use of water, wastewater or any means to dilute a
wastestream as a partial or complete substitute for adequate treatment to achieve discharge
requirements.
11. Director shall mean the Director of the WRP or an authorized representative, deputy, or
agent appointed by the WRP Director.
12. Discharge Requirements shall mean the specific numerical limits, prohibitions, and
reporting requirements contained in an IU's permit and SBMC Chapter 13.32.
13. Enforcement Violation Guide shall mean the current methods as outlined in the SBMWD
Enforcement Response Plan and utilized by the Environmental Control Section to gain
compliance from user's for violations of wastewater discharge, permit conditions, or SBMC
Chapter 13.32.
14. Environmental Control Assistant (ECA) shall mean the entry level position with the
Environmental Control Section who is primarily responsible for Class 3 level inspections
and monitoring.
15. Environmental Control Officer (ECO) shall mean the supervisory position with the
Environmental Control Section who is responsible for the development and implementation
of the policies and procedures of the Environmental Control Section.
16. Environmental Control Technician (ECT) shall mean the joumey level position with the
Environmental Control Section who is primarily responsible for Class 1 and 2 Significant
Industrial User (SIU) level inspections, permitting, plan check, and associated activities.
17. 40 CFR shall mean Title 40 ofthe Code of Federal Regulations relating to the protection of
the environment.
18. Industrial User shall mean all persons, entities, public or private, industrial, commercial,
governmental, educational, or institutional which discharge or cause to be discharged,
industrial wastewater and waterborne waste into the POTW.
19. Industrial Wastewater shall mean all water containing wastes of the community, excluding
domestic wastewater, and includes all wastewater from any producing, manufacturing,
processing, governmental, educational, institutional, commercial, service, agricultural or
other operation. Industrial wastewater may also include cooling tower and boiler blowdown
water, brine wastewater from the regeneration of water conditioning equipment, and potable
water treatment wastewater as determined by the Director.
20. Major Violation shall mean those violations which involve the issuance of a Notice of
Violation, an Administrative Order, Civil/Criminal Penalties, Permit Suspension or
Revocation, Termination of Water/Sewer Service, or any violation which results in
Significant Noncompliance.
Environmental Response Plan
Page 3 of 22
21. May shall mean permissive.
22. Minor Violation shall mean those violations which involve the issuance of a Notice of
Noncompliance or a Warning Notice.
23. Pass- Through shall mean any discharge which exits the WRP into waters of the United
States in quantities or concentrations which, alone or in conjunction with other discharges
from other sources, causes a violation of any requirement of the NPDES Permit, including an
increase in the magnitude or duration of a violation.
24. Person shall mean any individual, firm, company, association, society, general or limited
partnership, limited liability company, trust, corporation, governmental agency or group, and
includes the plural as well as the singular.
25. PoUutant shall mean any constituent or characteristic of wastewater including but not
limited to conventional pollutants, domestic wastewater, hazardous substances, infectious
waste, slug discharges, dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials,
medical waste, heat, rock, sand, cellar dirt and industrial, municipal, and agricultural waste.
26. Pretreatment shall mean the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to a less
harmful state prior to discharge of the wastewater into the POTW. The reduction or
alteration may be obtained by physical, chemical or biological processes, process changes,
waste minimization, or other legal means designed to remove or reduce pollutants in a
wastestream, except dilution.
27. Pretreatment Equipment shall mean any structures, equipment, devices or processes for
the reduction, elimination, or alteration of pollutants and/or flow control of wastewater prior
to discharge to a collection system.
28. POTW shall mean the Publicly Owned Treatment Works and shall include the City's
collection system, the collection system of contract cities, and the SBMWD Water
Reclamation Plant. This definition includes all devices, equipment, pipes, and systems used
in the transmission, storage, treatment, recycling and reclamation of municipal sewage,
sludge, or industrial wastewater, except sewer service lateral line connections.
29. Prohibited Waste Discharges shall mean all discharges specified in SBMC Chapter 13.32
which are prohibited from being discharged to the POTW.
30. SBMC shall mean the City of San Bernardino Municipal Code.
31. SBMWD WRP shall mean the San Bernardino Municipal Water Department Water
Reclamation Plant and includes that portion of the City's POTW which is designated to
provide treatment (including recycling and reclamation) of municipal sewage and industrial
waste.
Environmental Response Plan
Page 4 of 22
32. Shall means mandatory.
33. Significant Industrial User (SIU) shall mean all industrial users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and
amendments thereto, or any user that meets any of the following conditions:
A. Industrial wastewater discharge at an average rate of at least twenty-five thousand
gallons per day (gpd) to the POTW (excluding sanitary, non-contact cooling and
boiler blowdown wastewater);
B. A process wastestream discharge which makes up five percent or more of the
average dry weather hydraulic or organic capacity ofthe POTW; or
C. Is designated by the Director on the basis that the user has a reasonable potential
for adversely affecting the POTW or for violating any pretreatment standard or
requirement.
34. Significant Non-Compliance (SNC) shall mean any compliance violation that meets one or
more of the following criteria:
A. Chronic violations of wastewater discharge limits, which are defined as those in
which sixty-six percent or more of all of the measurements for each pollutant
taken during a consecutive six month period exceed (by any magnitude) the daily
maximum limit or the average limit for the same pollutant;
B. Technical Review Criteria (TRC) violations, which are defined as those in which
thirty-three percent or more of all of the measurements for each pollutant taken
during a consecutive six month period equal or exceed the product of the daily
maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for
BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment eftluent limit (daily maximum or longer term
average) that the SBMWD determines has caused, alone or in combination with other
discharges, interference or pass through (including endangering the health ofPOTW
personnel or the general public);
D. Any discharge of a pollutant that has caused imminent endangerment to human
health or welfare or to the environment or has resulted in the SBMWD exercise of its
emergency authority to halt or prevent such a discharge;
E. Failure to meet, within ninety days after the schedule date, a compliance schedule
milestone contained in an Administrative Order, for starting construction, completing
construction, or attaining final compliance;
F. Failure to provide, within thirty days of the date, any required reports such as
baseline monitoring reports, ninety day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
Environmental Response Plan Page 5 of 22
G. Failure to pay, within thirty days, all applicable industrial user application, permit,
and enforcement penalty fees.
H. Failure to accurately report non-compliance; or
I. Any other violations or group of violations which the SBMWD believes will
adversely affect the operation and implementation of the SBMWD pretreatment
program.
35. Spill Containment shall mean a protection system consisting of berms, dikes, or containers,
which are used to prevent the discharge of raw materials, waste materials, chemicals, or
finished products to the Storm Drain or POTW.
36. Unauthorized or Unpermitted Discharge shall mean any discharge of wastewater from a
user who has not recei ved the required permit authorizing the discharge of wastewater to the
POTW.
37. User shall mean any person, public or private, residential, industrial, commercial,
governmental, educational, or institutional which discharges or causes to be discharged,
wastewater into the POTW or contracted service area.
38. Waste shall mean any discarded solid, semi-solid, liquid, or gaseous material.
39. Wastewater shall mean the liquid and water carried domestic waste or non domestic waste
from residential, commercial, industrial, govemmental, educational, or institutional facilities,
together with any groundwater, surface water, and storm water, that may be present which is
discharged to the POTW.
40. Waste Minimization shall mean a written summary of practices and site-specific technical
and economic information used for selecting appropriate techniques to reduce 1he production
of wastes.
Environmental Response Plan
Page 6 of 22
III. ENFORCEMENT PROCEDURES
1. ENFORCEMENT RESPONSES
The SBMWD utilizes a number of different enforcement responses, codified in San
Bernardino Municipal Code Chapter 13.32 in response to Industrial Users which are in
violation of Federal, State, and local pretreatment regulations. The enforcement responses
are progressive in nature and are designed to escalate based on the frequency or magnitude
of the specific violation.
The following summary identifies the individual enforcement responses which are used by
the SBMWD.
A. Notice of Noncompliance (NNC)
A Notice of Noncompliance shall be issued to a user for any initial pollutant
violations, and any minor violations discovered during an inspection, or the users
permit or SBMC 13.32. The timeframe required for the NNC to be corrected is
normally 7-14 days. A copy of the NNC is either submitted to the user at the
conclusion of the inspection or mailed to the user. The NNC shall require the user to
correct the violation or submit a written response of the violation(s} and a plan for
immediate compliance or actions to comply with the specified violation(s}. A
compliance time extension or series of time extensions may be granted, at the
discretion oftha Director, to a user who fails to correct a minor violation required by
a NNC, upon a showing of "good faith" by the user. "Good Faith" shall be defined
as the user's honest intention to remedy noncompliance together with actions that
support the intention without the use of enforcement actions by the SBMWD.
B. Verbal Notice (VN)
Verbal Notice shall be used to notifY a user that required correspondence, monitoring
data, or any other type of required report has not been received by the required
compliance date. The VN shall be completed through a phone call, telefax, or
personal visit and shall be completed within five days after the original compliance
date. All VN issued to an sm shall be documented with a written memo to the sm
file.
C. Warning Notice (WN)
A Warning Notice shall be issued to a user when compliance has not been achieved
by the original due date specified in the NNC issued to the user. The WN shall be
issued within 5 days after the original or extended due date and shall state the
provision(s} violated and the facts alleged to constitute the violation. The WN will
also inform the user that additional enforcement action, including the issuance of a
Notice of Violation and monetary penalties will be issued to the user if compliance is
not achieved by the date specified. A WN shall be documented in a written
inspection report at the time of the follow up inspection or mailed to the user
following proper notification of the NNC.
Environmental Response Plan
Page 7 of 22
D. Noncompliance Monitoring Program (NMP)
A Noncompliance Monitoring Program (NMP) shall be issued to a user when
analysis results from consecutive samples indicate violations for the same pollutant.
The timeframe required for the NMP response is normally 7 to 14 days in addition to
specific due dates for the submittal of all required sample monitoring reports. The
NMP requires the user to collect a representative wastewater sample from the
designated sample location at a frequency determined by the Director. The samples
are to be analyzed for all pollutants which were determined to be in violation of
discharge limits. The user shall be responsible for all costs associated with the NMP.
Production information, including daily flow meter records shall be submitted for
each sample, as required by the Director. Continued noncompliance may result in
escalated enforcement action and additional monitoring requirements as specified by
the Director.
E. Notice of Violation (NOV)
A Notice of Violation shall be issued to a user for any repeat pollutant violations, any
violations which result in Significant Noncompliance, or any major violations
discovered during an inspection, the users permit or SBMC 13.32. A Notice of
Violation is also issued to a user who has not complied with the requirements
contained in a Notice of Noncompliance, Warning Notice, or Stop Work Order. The
timeframe required for the NOV to be corrected is normally 7-14 days. The NOV
shall state the provision(s) violated and the facts alleged to constitute the violation,
and may include proposed compliance measures or additional monitoring which may
be required. The NOV will also inform the user that additional enforcement action,
up to and including suspension or termination of sewer service will be issued to the
user if compliance is not achieved. The NOV shall require the user to correct the
violation or submit a written response of the violation(s) and a plan for immediate
compliance or actions to comply with the specified violation(s). Submission of this
plan in no way relieves the user of liability for any violations occurring before or
after receipt of the NOV. The NOV shall be hand delivered to the user with a written
receipt of delivery. The NOV shall include a $100 penalty fee.
F. Stop Work Order (SWO)
A Stop Work Order shall be issued to a user to stop any new construction, tenant
improvements, alterations, or additions, when the user has not received all necessary
City permits, has initiated work without written approval of the Director, or
violations of Chapter 13.32 related to the building activity have been discovered at
the site. The SWO requires the user to cease all building activity until the user has
achieved compliance with the conditions specified in the SWO and received
authorization from the Director to resume building activity. The SWO shall be
documented in a written inspection report completed during the onsite inspection or
hand delivered to the user. The SWO shall include a $100 penalty fee.
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Page 8 of 22
G. Violation Meeting Order (VMO)
A Violation Meeting Order shall be issued to a user who has failed to achieve
compliance after the issuance of an NOV, or at the conclusion of an NMP that has
resulted in Significant Noncompliance. A VMO is an informal meeting between the
user and the Environmental Control Section and is intended for the user to propose
possible corrective actions and request time extensions to comply with the NOV.
The VMO is also used by the user to demonstrate good faith efforts towards
achieving compliance. The VMO may also be used by the City to draft a consent
order or compliance order, or for the user to draft a compliance schedule, or file an
appeal. The VMO shall include a $100 penalty fee.
H. Cease and Desist Order (CDO)
A Cease and Desist Order shall be issued to a user who is in violation of an NOV, or
SBMC Chapter 13.32, industrial user permit, or any order issued under SBMC
Chapter 13.32, which is determined to pose an immediate threat to the POTW,
SBMWD personnel, environment or the general public. A CDO may also be issued
to a user who is discharging industrial wastewater to the POTW without a valid
industrial user permit. The CDO may result in the immediate revocation of the user's
permit and shall require the user to take such appropriate remedial or preventive
action as determined by the Director to gain immediate compliance and eliminate the
threat, including halting operations and terminating the discharge to the POTW. The
CDO shall include a $250 penalty fee.
I. Consent Order (CONS)
A Consent Order shall be issued to a user after an NOV has failed to achieve
compliance with the requirements specified in SBMC Chapter 13.32, industrial user
permit, or any order issued under SBMC Chapter 13.32. The CONS is routinely
developed as a result of information collected during the VMO between the SBMWD
and a user who has exhibited a willingness to comply. The CONS is a written
agreement developed jointly between the City and the user with individual
milestones, specific actions submitted by the user, or other remedies used to gain
compliance with the violation(s). The CONS shall specify the provisions violated
and the facts constituting the violation(s), and shall require adequate treatment
facilities, devices, or other pretreatment technology be installed and properly
operated by the user to achieve and maintain compliance. No individual milestone,
including milestone extensions is permitted to exceed nine months in length. The
user is required to submit written progress reports to the SBMWD every 30 days, as
scheduled by the Director, to accurately document the current status of the project
and to maintain the required schedule. The CONS shall include a $500 penalty fee.
J. Compliance Order (COMP)
A Compliance Order shall be issued to a user after an NOV has failed to achieve
compliance with the requirements specified in SBMC Chapter 13.32, industrial user
permit, or any order issued under SBMC Chapter 13.32. The COMP is routinely
developed as a result of information collected during the VM between the SBMWD
and a user who has exhibited a lack of cooperation and is unwilling to comply. The
COMP is used to compel uncooperative users to achieve compliance and shall be
Environmental Response Plan
Page 9 of 22
developed by the SBMWD with no input from the user. The COMP is a compliance
schedule with individual milestones developed by the SBMWD which requires the
user to complete specific actions, or other remedies to gain compliance with the
violation(s). The COMP shall specify the provisions violated and the facts
constituting the violation(s), and shall require adequate treatment facilities, devices,
or other pretreatment technology be installed and properly operated by the user to
achieve and maintain compliance. No individual milestone, including milestone
extensions is permitted to exceed nine months in length. The user is required to
submit written progress reports to the SBMWD every 30 days, as scheduled by the
Director, to accurately document the current status of the project and to maintain the
required schedule. The COMP shall include a $500 penalty fee.
K. Show Cause Order (SHOW)
A Show Cause Order shall be issued to a user who is in violation of SBMC
Ordinance 13.32, user permit, or any order issued under SBMC Chapter 13.32, and
has failed to achieve compliance with previous enforcement actions. The SHOW
shall be served on the user specifying the time and place for the hearing; the
proposed enforcement action and the reasons for such action, including any alleged
violation(s) and the facts constituting the violation. The SHOW allows the user an
opportunity to show why Civil and/or Criminal Action should not be brought against
the user for failure to comply with previous enforcement actions. The SHOW notice
shall be served upon the user personally or by certified mail at least fifteen calendar
days prior to the hearing; unless the user requests an earlier date for the hearing. The
Director shall permit the alleged violating user to respond to the notice and order, to
present evidence and argument on all relevant issues, and to conduct cross-
examination of any witnesses necessary for the full disclosure of the facts. The
Director may request the attendance and testimony of witnesses and the production
of evidence relevant to any matter, and may seek the issuance of a subpoena from the
presiding court for the presence of prospective witnesses. The testimony taken shall
be under oath and recorded, with a transcript prepared and provided to any person
upon payment of the usual charges for such transcript. Attendees at the Show
Cause Hearing may include; a representative from the City Attorney's Office, the
SBMWD General Manager, the SBMWD WRP Director, and the SBMWD
Environmental Control Officer. Prior to the issuance of a SHOW, representatives
from the City and SBMWD shall review the case to determine possible compliance
measures. Upon review of the findings of fact, the Director or his designee shall
make a final decision which shall be served upon the user. The SBMWD may
immediately impose an enforcement action after the hearing whether or not a duly
notified user appears as required. The SHOW shall include a $1000 penalty fee.
L. Probation Order (PO)
A Probation Order may be issued to any user for any repeat pollutant or Ordinance
violations. The PO shall require the user to conduct repeated monitoring, as
determined by the Director, submit recurring documentation as required by the
Director, or complete any other actions the Director deems necessary to affirm the
continued compliance of the user. The PO shall include a $100 penalty fee.
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Page 10 of22
M. Pennit Revocation Order (PRO)
A Permit Revocation Order may be issued to any user who has not complied with the
requirements contained in any enforcement action. The permit revocation requires
the user to immediately cease the discharge of all wastewater determined by the
Director to be in noncompliance. The permit revocation requires the user to
demonstrate continued compliance prior to the re-issuance of the permit authorizing
the continued discharge of the specified wastewater to the sewer system. The PRO
shall include a $100 penalty fee and the user shall be responsible for all costs
associated with the re-issuance of the permit.
N. Sewer Suspension Order (SDSP)
A Sewer Suspension Order may be issued to any user who has either willfully or
negligently violated the requirements contained in a Permit Revocation Order, failed
to comply with the requirements of a CONS or COMP, or whose actual or impending
discharge to the POTW presents or may present an imminent endangerment to the
health and welfare of persons or to the environment, may pass through or cause
interference with the operations of any part of the POTW, is in violation of this
Chapter or the user's permit, or may cause the SBMWD to violate its NPDES permit
or any other State or Federal law or regulation. The SUSP shall be hand delivered or
delivered certified mail with a written receipt of delivery. Any user issued a SUSP
shall immediately cease the discharge of all wastewater to the POTW, as specified by
the Director. The SUSP will result in the immediate revocation of the user's permit.
Noncompliance with the conditions of the SUSP may result in the immediate
termination of sewer service as specified in SBMC Section 13.32.645. As soon as
reasonably practicable but in no event more than five (5) business days following the
issuance of the SUSP, the General Manager shall schedule a hearing to provide the
user with an opportunity to present information which states the reasons the SUSP
should not be executed. The scheduled hearing shall not delay or prevent the effects
of the SUSP. The hearing shall be conducted in accordance with procedures
established by the Board. Within five (5) business days following the hearing, the
General Manager shall issue a written decision to the user regarding the status of the
SUSP. The General Manager may allow the user to resume sewer service or
wastehauler discharge service if the user demonstrates continued compliance with all
discharge and Ordinance requirements. The user shall be responsible for all costs
associated with the issuance of the SUSP. The SUSP shall include a $500 penalty
fee and the user shall be responsible for all costs associated with re-issuance of the
permit.
O. Sewer Tennination Order (TERM)
A Sewer Termination Order may be issued to any user who has either willfully or
negligently violated the requirements contained in a Sewer Suspension Order, failed
to comply with the requirements of a CONS or COMP, or whose actual or impending
discharge to the POTW presents or may present an imminent endangerment to the
health and welfare of persons or to the environment, may pass through or cause
interference with the operations of any part of the POTW, is in violation of this
Chapter or the user's permit, or may cause the SBMWD to violate its NPDES permit
or any other State or Federal law or regulation. The TERM shall be hand delivered
Environmental Response Plan
Page 11 of 22
or delivered certified mail with a written receipt of delivery. The TERM will result
in the immediate revocation of the user's permit and the immediate severance ofthe
user's sewer connection and/or the termination of water service. As soon as
reasonably practicable but in no event more than five (5) business days following the
issuance of the TERM, the General Manager shall schedule a hearing to provide the
user with an opportunity to present information which states the reasons the TERM
should not be executed. The scheduled hearing shall not delay or prevent the effects
of the TERM. The hearing shall be conducted in accordance with procedures
established by the Board. Within five (5) business days following the hearing, the
General Manager shall issue a written decision to the user regarding the status of the
TERM. The General Manager may allow the user to reconnect to the sewer and/or
resume water service if the user demonstrates continued compliance with all
discharge and Ordinance requirements. The TERM shall include a $1 000 penalty fee
and the user shall be responsible for all costs associated with the TERM, including
the termination and reconnection of sewer and/or water service, and re-issuance of
the permit.
P. Civil Penalty (CIV)
A Civil Penalty may be issued to any user in violation of the user's permit, any
provision of SBMC 13.32, administrative order, or has failed to comply with the
requirements or conditions specified in previous enforcement action. The CIV shall
be issued by the City Attorney and shall include all penalties authorized by SBMC
13.32.650. The user shall be responsible for all costs associated with the
violation(s); including: reasonable attorney's fees, court costs, and other expenses
associated with the enforcement activities, including, but not limited to, sampling,
monitoring, laboratory costs, and inspection expenses.
1. AUTHORITY: All users of the POTW are subject to enforcement actions
administratively or judicially by the City, United States Environmental
Protection Agency, State of California Regional Water Quality Board, or the
County of San Bemardino District Attorney. The actions may be taken
pursuant to the authority and provisions of several laws, including but not
limited to: (1) Federal Water Pollution Control Act, commonly known as the
Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter
Cologne Water Quality Control Act (Califomia Water Code Section 13000 et
seq.); (3) California Hazardous Waste Control Law (California Health &
Safety Code Sections 25100 to 25250); (4) Resource Conversation and
Recovery Act of1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California
Government Code, Sections 54739 -54740.
2. RECOVERY OF FINES OR PENAL TIES: In the event the City is required
to pay fines or penalties pursuant to the legal authority and actions of other
regulatory or enforcement agencies based on a violation oflaw or regulation
or its permits, and the violation can be attributed to the discharge of the user
in violation of any provision of this Chapter, the user's permit, any
prohibition, effluent limit, or an administrative order issued pursuant to this
Chapter; the City shall be entitled to recover all costs and expenses,
Environmental Response Plan
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including, but not limited to, the full amount of said fines or penalties from
the user.
3. ORDINANCE: Pursuant to the Authority of California Government Code
Sections 54739-54740, any person who violates any provision of this
Chapter; the user's permit, any prohibition, effluent limit; or any suspension
orrevocation order shall be liable civilly for a sum notto exceed $25,000.00
per violation for each day in which such violation occurs. Pursuant to the
authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person
who violates any provision of this Chapter, the user's permit, or effluent limit
shall be liable civilly for a sum not to exceed $25,000.00 per violation for
each day in which such violation occurs. The City Attorney, atthe request of
the General Manager may petition a court of competent jurisdiction to
impose, assess and recover all costs pursuant to Federal and/or State
legislative authorization.
4. ADMINISTRATIVE CIVIL PENALTIES
a. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the City may issue an administrative complaint
to any person who violates:
1. any provision of this Chapter;
2. any permit condition, prohibition, or effluent limit; or
3. any suspension or revocation order.
b. The administrative complaint shall be served by personal delivery or
certified mail and shall inform the user that a hearing will be
conducted, and shall specify a hearing date within sixty (60) days
following service. The administrative complaint will allege the act or
failure to act that constitutes the violation ofthe City's requirements,
the provisions oflaw authorizing civil liability to be imposed, and the
proposed civil penalty. The matter shall be heard by the General
Manager or a designated representative. The user to whom the
administrative complaint has been issued may waive the right to a
hearing, in which case the hearing will not be conducted.
c. At the hearing, the user 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 Board.
d. After the conclusion of the hearing, the General Manager shall
complete a written report which includes a brief statement off acts, a
review of the issues involved, conclusions, and a recommendation.
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Page 13 of 22
e. Upon receipt of the written report, the Board shall make a
determination regarding the issuance of a civil penalty against the
user. The General Manager shall issue an administrative order
regarding the civil penalty to the user within thirty (30) calendar days
after the hearing date.
f. Civil penalties may be assessed as follows:
1. In an amount which shall not exceed two thousand dollars
($2000.00) for each day for failing or refusing to furnish
technical or monitoring reports;
2. In an amount which shall not exceed three thousand dollars
($3000.00) for each day for failing or refusing to timely
comply with any compliance schedules established by the
SBMWD;
3. In an amount which shall not exceed five thousand dollars
($5000.00) for each day of discharge in violation of any waste
discharge limit, permit condition, or requirement issued,
reissued, or adopted by the SBMWD;
4. In any 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 SBMWD.
g. In determining the amount of such penalties, damages and costs, all
relevant circumstances, including but not limited to, the extent of
harm caused by the violation, the magnitude and duration, any
economic benefit gained through a user's violation, corrective actions
by a user, the compliance history of the user, good faith efforts to
restore compliance, threat to hurnan health, to the environment and to
the POTW.
h. An order assessing administrative civil penalties issued by the
SBMWD shall be final in all respects on the thirty-first (31st) day
after it is delivered to the user unless a notice of appeal is filed with
the Board pursuant to SBMC Section 13.32.675 no later than the
thirtieth (30th) day following delivery of the notice. An order
assessing administrative penalties issued by the Board shall be final.
1. Copies of the administrative order shall be either hand delivered or
by certified mail to the user served with the administrative complaint.
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Page 14 of22
J. Payment of the administrative civil penalties shall be made within
thirty (30) days of the date the administrative order becomes final. A
lien shall be placed against the user's real property for any
outstanding penalties which remain delinquent sixty (60) days. The
lien shall not be in effect until recorded with the county recorder.
The SBMWD may record the lien for any unpaid administrative civil
penalties on the ninety-first (9181) day following the date the
administrative order becomes final.
k. No administrative civil penalties shall be recoverable under SBMC
Section 13.32.650 (D) for any violation which the City has recovered
civil penalties through a judicial proceeding filed pursuant to
Government Code Section 54740.
Q. Criminal Penalty (CRIM)
A Criminal Penalty may be issued to any user in violation of the user's permit,
SBMC 13.32, or an enforcement action issued by the Director or has failed to
comply with the requirements or conditions specified in previous enforcement action.
A Criminal Penalty may also be issued to any user that willfully or knowingly
makes any false statements, representations, or certifications in any application,
record, report, plan or other document filed or required to be maintained pursuant to
this Chapter or the user's permit, or which falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under this Chapter.
The CRIM shall be issued by the City Attorney or County District Attorney and shall
include all penalties authorized by SBMC 13.32.655. The penalties shall be
consistent with the Federal Clean Water Act, 33 U.S.C. 1251, and any relevant State
laws. The user shall, upon conviction, be guilty of a misdemeanor, punishable by a
fine not to exceed one thousand dollars or imprisonment for not more than six
months, or both, per violation per day. This penalty shall be consistent with the
Federal Clean Water Act, 33 U.S.C. 1251, et sea. and amendments thereto, and shall
apply to the exclusion of any other more lenient provision of this Chapter. A user
shall be guilty of a separate violation for each day a violation of any provision of this
Chapter or user's permit is committed or continued by such user.
R. SNC Publication Notice (SNC)
All users determined to be in Significant Noncompliance shall be published annually
in the largest circulating newspaper in the service area The SNC report shall include
a name of the user and the provisions which were found to be in noncompliance.
S. Written Appeal Procedures
1. Any user affected by and dissatisfied with any decision, order, or
enforcement action, made by the Director interpreting or implementing the
provisions of this Chapter or user's permit, may file with the Director a
written appeal requesting reconsideration of such decision, order or
enforcement action within ten calendar days from the receipt of the notice of
such decision, order or enforcement action. The user shall state in detail the
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Page 15 of22
facts supporting the user's request for reconsideration. The Director shall
render a ruling on the request for reconsideration to the user in writing within
ten (10) business days from receipt of the appeal. Submission of such a
request in no way relieves the user of liability for any violations occurring
before or after receipt of decision, order, or enforcement action, nor stays the
requirements of achieving or maintaining compliance.
2. Any user affected by and dissatisfied with any decision, order, or
enforcement action, made by the General Manager interpreting or
implementing the provisions of this Chapter or user's permit, may file with
the General Manager a written appeal requesting reconsideration of such
decision, order or enforcement action within ten calendar days from the
receipt of the notice of such decision, order or enforcement action. The user
shall state in detail the facts supporting the user's request for reconsideration.
The General Manager shall render a ruling on the request for reconsideration
to the user in writing within ten (10) business days from receipt of the appeal.
Submission of such a request in no way relieves the user of liability for any
violations occurring before or after receipt of decision, order, or enforcement
action, nor stays the requirements of achieving or maintaining compliance.
3. If the ruling on the request for reconsideration made by the General Manager
is unsatisfactory, the user may, within ten business days after receipt of
notice of the General Manger's ruling, file a written appeal with the Board,
lodging such appeal with the SBMWD along with an appeals fee of one
hundred dollars. The written appeal shall result in a hearing, after notice to
the affected parties, for a complete review of the basis of the order. The
hearing shall be conducted within 30 days of the written request. The
hearing may be recorded or transcribed and the testimony may be required to
be given under oath. The Board shall make a ruling on the appeal within
forty-five calendar days from the date offiling and shall contain the findings
of facts regarding the order.
4. The ruling of the Board shall be deemed a fmal decision, order or action by
the SBMWD which any person adversely affected by such decision, order or
action may appeal to the appropriate court in the County of San Bernardino.
No person may obtain judicial review of any decision, order, or enforcement
action by the SBMWD under this Chapter without first having exhausted his
or her administrative remedies set forth in this Section.
2. DETERMINING FACTORS
A. Magnitude of the violation. The level of enforcement action depends on the
magnitude ofthe violation and/or any significant threat to the public health, safety,
or welfare, the environment, the POTW, or to any SBMWD, City or contract
personnel. Minor violations are issued correction notices and written warnings;
repeat discharge violations are issued an NMP or Notice of Violation; repeat non-
discharge Ordinance violations are issued a Notice of Violation or a Violation
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Meeting Order; and chronic violations are issued escalated enforcement actions
including Consent Orders or Compliance Orders.
B. Duration of the violation. The length oftime a violation has existed without being
corrected will also impact the level of enforcement response. Violations that are not
corrected within the specified timeframe required to comply shall result in the
commencement of escalated enforcement. Violations that are easily and quickly
corrected and are not major violations shall require minimum enforcement (e.g.
Notice of Noncompliance or Warning Notice). The longer a discharge violation
remains uncorrected shall result in escalated enforcement actions up to and including
termination of sewer and/or water service and civil/criminal prosecution.
C. Effect of the violation on compliance with discharge permit. The violation(s)
may place the user in Significant Non-Compliance (SNC) as defined in 40 CFR
403.8. IfSNC is detected, a Notice of Violation is issued and the user is published in
the area's largest circulating newspaper on an annual basis. If the violation is serious
enough, the user's permit may be suspended or revoked, sewer and/or water service
may be terminated, and penalties and fines may be levied pursuant to SBMC Chapter
13.32.
D. Effect of the violation on the operation of the POTW. The wastewater discharge
may affect the wastewater treatment ability of the POTW, the beneficial reuse of
POTW sludge, the integrity of the collection system, or threaten the safety of
SBMWD, City, contract personnel and the public. In these cases, the user will be
responsible for all damages incurred, including all penalties and fines that may be
imposed on the City by regulatory agencies pursuant to SBMC 13.32.
E. Compliance history of the user. The level of enforcement is also impacted by the
compliance history of the user. Repeat violations within a twelve month term will
result in escalated enforcement action including the issuance of a Probation Order.
In addition, escalated enforcement action will apply if the industrial user has a
history of violations with ineffective corrections, repeated violations caused by
negligence, and disregard for achieving compliance. Responsive compliance efforts
may warrant a less strict enforcement action.
F. Good Faith by the User. Additional considerations factored in the enforcement
response issued to a user may include the "Good Faith efforts of the user. A "Good
Faith" effort is defined as the user's honest intention to remedy the noncompliance
with actions that support the intention, e.g. prompt expenditures for pretreatment
equipment or contracting of consultants to correct the noncompliance.
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Page 17 of 22
3. ENFORCEMENT VIOLA nON GUIDE
DISCHARGE VIOLATIONS
VIOLATION RESPONSE PENALTY PERSONNEL
First Discharge Violation In A 12 NNC - Resample For None ECT, ECO
Month Period Pollutant(s)
Second Discharge Violation In A NOV - Noncompliance $100 ECO
12 Month Period Monitoring Program Required
NMP Violation(s) - Does Not NOV, PO - Complete $100,$100 ECO
Result In SNC Additional Monitoring
NOV, VMO, CONS, COMP, $100, $100,
NMP Violation(s) - SNC SHOW - Complete Additional $500, $500, ECO
Monitoring $1000
Any Discharge Violation(s) Which NOV, VMO, CONS, COMP- $100, $100,
Result In Quarterly SNC Status Complete Additional $500,$500 ECO, Director
Monitoring
Any Discharge Violation(s) Which SHOW, Civil Or Criminal $1000, As ECO, Director,
Results In Pass Through, Sludge Penalties - Submit Required Determined GM, Attorney
Contamination, Or Interference Information
Dilution Of Waste stream - First NNC - Resample(s) Required None ECA, EeT,
Offense ECO
Dilution Of Waste stream - Repeat NOV - Resample(s) Required $100 ECO
Offense(s)
Discharge pH Meter Indicates NOV - Comply With pH $100 ECO
Noncompliance Discharge Requirements
Septic Waste Discharged at lllegal NOV - Submit Required
Site Or Noncompliant Septic $100 ECO
Waste Discharged at WRP - First Information
septic Waste Discharged at Illegal PRO, SHOW, Civil Or $100,
Site Or Noncompliant Septic Waste Criminal Penalties - Submit $1000, As ECO, Director
Discharged at WRP - Repeat Required Information Determined
Discharge of Any Prohibited NOV - Submit Required $100 ECO
Waste - First Offense Information
Discharge of Any Prohibited VMO, PRO, SHOW, Civil Or $100, $100,
Criminal Penalties - Submit $1000, As ECO, Director
Waste - Repeat Offense(s) Required Information Determined
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MONITORING VIOLATIONS
VIOLATION RESPONSE PENALTY PERSONNEL
Failure To Sample Or Resample NNC - Sample, Resample As ECA, ECT,
Within Required Timeframe - None
First Offense, Does Not Result In Required ECO
Failure To Sample Or Resample NOV, VMO - Sample,
Within The Required Timeframe - Resample As Required $100, $100 ECO
First or Repeat Offense(s), SNC
Improper Sample Location - First NNC - Resample Required None ECA, ECT,
Offense ECO
Improper Sample Location - NOV - Resample Required $100 ECO
Repeat Offense(s)
Improper Sample Collection Or ECA, ECT,
Analytical Methods - First NNC - Resample Required None ECO
Offense
Improper Sample Collection Or
Analytical Methods - Repeat NOV - Resample Required $100 ECO
Offense(s)
Failure To Monitor All Required NNC - Resample Required None ECA, ECT,
Pollutants - First Offense ECO
Failure To Monitor All Required NOV - Resample Required $100 ECO
Pollutants - Repeat Offense(s)
Failure To Install Flow, WN - Extension Request
Monitoring, Or Pretreatment None ECT, ECO
Equipment - Less Than 5 Days Required
Failure To Install Flow, NOV - Extension Request
Monitoring, Or Pretreatment $100 ECO
Equipment - Less Than 30 Days Required
Failure To Install Flow, NOV, VMO, CONS, COMP, $100/day,
Monitoring, Or Pretreatment SHOW - Complete Equipment $100, $500, ECO, Director
Equipment - More Than 30 Days Installation $500, $1000
Failure To Maintain Or Operate NNC - Complete Equipment ECA, ECT,
Flow, Monitoring, Or Pretreatment None
Equipment - First Offense Maintenance ECO
Failure To Maintain Or Operate NOV - Complete Equipment
Flow, Monitoring, Or Pretreatment $100 ECO
Equipment - Repeat Offense(s) Maintenance
Environmental Response Plan
Page 19 of22
REPORTING VIOLATIONS
VIOLA nON RESPONSE PENALTY PERSONNEL
Falsification, Failure To Maintain, NNC - Records To Be ECA, ECT,
Or Incomplete Records, Reports - Maintained None ECO
First Offense
Falsification, Failure To Maintain, NOV - Records To Be
Or Incomplete Records, Reports - Maintained $100 ECO, Director
Repeat Offenses(s)
Failure To Submit Records, WN - Submit Required
Reports, Or Correspondence - None ECT, ECO
Less Than 5 Days Late Information
Failure To Submit Records, NOV - Submit Required
Reports, Or Correspondence - Information $100 ECO
Between 5 And 30 Days Late
Failure To Submit Records, NOV, VMO, CONS, COMP, $100/day,
Reports, Or Correspondence - SHOW - Submit Required $100, $500, ECO
More Than 30 Days Late, SNC Information $500, $1000
Failure To Report SMR Discharge NNC - SMR Report Required None ECA, ECT,
Violation - First Offense ECO
Failure To Report SMR Discharge NOV - SMR Report Required $100 ECO
Violation - Repeat Offense(s)
Failure To Report Slug Load Spill NNC - Slug Load Report ECA, ECT,
- No Discharge To POTW - First Required None ECO
Offense
Failure To Report Slug Load Spill NOV - Slug Load Report
- No Discharge To POTW- $100 ECO
Repeat Offense(s) Required
Failure To Report Slug Load Spill NOV, CDO - Depending On
- Discharge To SBMWD POTW - Severity - Submit Required $100, $250 ECO, Director
First Offense Information
Failure To Report Slug Load Spill CDO, CONS, COMP, SHOW, $250, $500,
- Discharge To POTW - Repeat - Submit Required $500, $1000 ECO, Director
Offense(s) Information
Failure To Submit Additional NNC - Monitoring Results None ECA, ECT,
Monitoring - First Offense Required ECO
Failure To Submit Additional NOV - Monitoring Results $100 ECO
Monitoring - Repeat Offense(s) Required
Environmental Response Plan
Page 20 of 22
PERMIT VIOLATIONS
VIOLATION RESPONSE PENALTY PERSONNEL
Failure To Submit Permit WN - Submit Required Permit
Application Or Renewal By Due None ECT, ECO
Date Application
Failure To Submit Permit NOV - Submit Required
Application Renewal Before $100 ECO
Current Permit Expiration Date Permit Application
Failure to Submit Information In NOV - Permit Modification
Permit Application Which Results Required $100 ECO
In A Permit Reclassification
Failure To Comply With Any NNC, NOV - Depending On ECA, ECT,
Permit Condition Or Requirement None, $100
- First Offense Severity ECO
Failure To Comply With Any NOV, CONS, COMP, SHOW $100, $500, ECO, Director,
Permit Condition Or Requirement - Depending On Severity $500, $1000 GM
- Repeat Offense(s)
Unauthorized Or Unpermitted NNC - Submit Required
Discharge - First Offense - No None ECO
Harm To The POTW Information
Unauthorized Or Unpermitted NOV - Submit Required
Discharge - Repeat Offense(s)- $100 ECO
No Harm To The POTW Information
Unauthorized Or Unpermitted NOV, CONS, COMP, SHOW $100, $500,
Discharge - First Offense - Harm - Depending On Severity - $500, $1000 ECO, Director
To The POTW Submit Required Information
Unauthorized Or Unpermitted CDO, COMP, SHOW, Civil $250, $500,
Discharge - Repeat Offense(s)- Or Criminal Penalties - $1000, As ECO, Director
Harm To The POTW Submit Required Information Determined
Failure To Submit Required Permit NNC - Submit Required ECA, ECT,
Information Or Any Process None
Modifications - First Offense Information ECO
Failure To Submit Required Permit NOV - Submit Required
Information Or Any Process $100 ECO
Modifications - Repeat Offense(s) Information
Failure To Implement FWMP NOV - Submit Required $100 ECO
Requirements - First Offense Information
Failure To Implement FWMP VMO, CONS, COMP, $100, $500,
Requirements - Repeat Offense(s) SHOW- Submit Required $500, $1000 ECO, Director
Information
Environmental Response Plan
Page 21 of22
MISCELLANEOUS ORDINANCE VIOLA nONS
VIOLATION RESPONSE PENALTY PERSONNEL
Denial of Entry To Perform
Monitoring Or Inspection - NOV - Permit EC Entry $100 ECa
First Offense
Denial Of Entry To Perform VMO, COMP, SHOW - $100, $500, ECO, Director,
Monitoring Or Inspection - Obtain Inspection Warrant $1000 GM, Attorney
Repeat Offense(s)
Spill Containment Not Present Or NNC - Install Or Correct Spill None ECA, ECT,
Inadequate Containment ECO
Spill Containment Not Properly NNC - Maintain Spill None ECA, ECT,
Maintained - First Offense Containment Area ECO
Spill Containment Not Properly NOV, VMO, COMP, SHOW - $100, $100,
Maintain Spill Containment ECO, Director
Maintained - Repeat Offense(s) Area $500, $1000
Material Not Properly Spill NNC - Spill Contain Material None ECA, ECT,
Contained - First Offense ECO
Material Not Properly Spill NOV, VMO, CONS, COMP, $100, $100,
Contained - Repeat Offense(s) SHOW - Spill Contain $500, $500, ECO, Director
Material $1000
Plan Check Project Initiated NNC, WN - Comply With EC
Without Environmental Control Requirements None ECA, ECO
Authorization - First Offense
Plan Check Project Initiated NOV, SWO, CDO - Comply $100, $100,
Without Environmental Control ECO, Director
Authorization - Repeat Offense(s) With EC Requirements $250
Illegal Water Softening Equipment NNC - Comply With Soft None ECA, ECT,
Installed - First Offense Water Regulations ECO
Illegal Water Softening Equipment NOV, VMO, CONS, COMP, $100, $100,
Installed - Repeat Offense(s) SHOW - Comply With Soft $500, $500, ECO, Director
Water Regulations $1000
Industria1lDomestic Waste streams NNC - Wastewater Required ECA, ECT,
Not Separated Before Pretreatment None
Or Monitoring - First Offense To Be Separated ECO
Industria1lDomestic Wastestreams NOV, VMO, CDO, CONS, $100, $100,
Not Separated Before Pretreatment COMP, SHOW - Wastewater $250, $500, ECO, Director
Or Monitoring - Repeat Offense(s) Required To Be Separated $500, $1000
Environmental Response Plan
Page 22 of 22
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
M,o;., D"' (p"" AdJ"d)~ :n! 00 >rem # 3 ir R'wl.';".' 01 0 0 b' '51
Vote: Ayes CO Nays Abstain Absent&-j
Change to motion to amend original documents 0
Companion Resolutions
NulINoid After: days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Reso. Log Updated: 0
Seal Impressed: 0
Reso. # on Staff Report 0
Date Sent to Mayor:
Date of Mayor's Signature:
Date ofClerklCDC Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
20' Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By~
Yes No By~
Yes No By~
Yes No By~
Yes No By~
Copies Distributed to:
Animal Control o .. EDA 0 Information Services 0
~
City Administrator Facilities 0 Parks & Recreation 0
City Attorney Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department ~
Others:
Notes:
M~ !u{~/f al
n
Ready to File:
Date~ 7
Revised 12/18/03