Stockton Municipal Code
Chapter 7
HEALTH AND SANITATION CODE

Part III
WASTEWATER DISCHARGES AND TREATMENT WORKS

Division IV
ENFORCEMENT

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SEC. 7-091. ENFORCEMENT:

SEC. 7-091.1. SUSPENSION OF PERMIT:
When a violation hereof creates conditions which are so aggravated that immediate cessation of operation is necessary and the Director so finds that as a fact, he may suspend the permit and serve written notice of such suspension on the permittee. The Director may also suspend a permit if objectionable conditions listed in a notice to correct is not corrected within the time stipulated.
A person whose permit has been suspended or revoked, as provided for herein, shall immediately discontinue the deposit or discharge of industrial waste, sewage or effluent and shall not resume such deposit or discharge until the permit has been reinstated or a new permit has been issued.
(Repealed and Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-091.2. REFUSAL, DISCONTINUANCE OR TERMINATION OF SERVICE:
The City may, with cause, refuse to furnish sanitary sewer service and may discontinue or terminate such services to any premises where the sewage from such premises is found by the Director to be detrimental or injurious to the sanitary sewerage system of the City of Stockton or to other premises or where the Director finds that negligent or wasteful use of water exists at any premises which adversely affects the City sanitary sewerage system. The City shall have the right to refuse, disconnect or terminate sewer service to any premises, if necessary to protect the City against abuse or fraud.
The Director, with cause, may issue a Cease and Desist Order to any premises found to be in violation of provisions of this Part or of their wastewater discharge permit. The Director may include a time schedule for compliance with the Cease and Desist Order and may issue a Cease and Desist Order as a preventative action in the event of a threatened violation. Further cause for refusal, discontinuance or termination of service may exist for a violation of any provision of this Part or delinquency in sewer service payment or a discharge of wastewater that causes or threatens to cause a condition of contamination, pollution or nuisance as defined in this Part. Termination of service to a premises by the Director and with the prior approval of the City Manager shall be accomplished by written notification of termination and the reason(s) sent by certified mail, return receipt requested, to the person to whom notice is given.
Immediate termination of service may be caused by the Director with the approval of the City Manager on any premises if there is an immediate public nuisance. The Director may then, with the approval of the City Manager, enter upon the premises without written notice to do such things and expend such sums as may be necessary to abate such nuisance, hazard or menace and the reasonable value of the work done and the amounts expended in so doing shall be charged against the person or owner of the property so in violation.
(Repealed and Added by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-091.3. SUBMISSION OF TIME SCHEDULE:
When the City of Stockton finds that a discharge of wastewater has been taking place in violation of prohibition or limitations prescribed in this Part, or wastewater source control requirements, effluent limitations or pretreatment standards, or the provisions of a Wastewater Discharge Permit, the City of Stockton may require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.
(Repealed and by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-091.4. APPEALS:
Any user, permit applicant, or permit holder affected by a decision, action, or determination, including suspension, revocation, refusal or termination, Cease and Desist Orders, issued by the Director, interpreting or implementing the provisions of this Part or in any permit issued herein, may file with the Director a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.
Any person aggrieved by the action of the Director may appeal said decision in accordance with the procedures set forth in Sections 7-091.8 et seq. of this Part.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Repealed and by Ordinance 3690C.S. — Effective Oct. 13, 1983)

SEC. 7-091.5. EMERGENCY ORDERS AND APPEALS THEREFROM:*

*Editor's Note: Former Sections 7-091.5 through 7-095.9, previously codified herein and containing portions of Ordinance 3960 C.S. were repealed in their entirety by Ordinance 013-93C.S. Ordinance 013 93C.S. also renumbered former Sections 7-091.10 through 7-091.12 as Sections new 7.091.5 through 7-091.7.

The Director of the Municipal Utilities Department may order the abatement of any discharge from any source, including, but not limited to, the discharge of any waste associated with human habitation or of human or animal origin and septic tank or cesspool waste, when, in the opinion of the Director or the Director's designated representative, the discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare; the environment; or the POTW's operations.
Said situation shall be abated by service of a notice upon the person responsible for said discharge or the owner of said building and it shall be unlawful for any person to fail to obey or correct such conditions within twenty-four (24) hours after being ordered to do so. If said situation is not abated within twenty-four (24) hours after service of the notice, the City of Stockton may perform such work or cause to be performed such work as shall be necessary to obtain proper abatement.
Any cost incidental to such work may be an assessment upon the property or premises affected and may be collected on the tax rolls in the same manner, by the same person, and at the same time together with or separate from the general taxes. The Director shall follow the procedures set forth in Section 7 092.18 for having said charges collected with the general taxes.
Any person alleging to have been aggrieved by any emergency action taken by the City pursuant to this Section may appeal the propriety of the City's action by filing a written notice of appeal with the Director of the Municipal Utilities Department within fifteen (15) days of the emergency abatement. Thereafter, said persons may file an appeal directly to the City Manager. The City Manager shall fix the date, time and place of the hearing of said appeal, not to exceed sixty (60) days from the filing of the appeal, and shall cause the Municipal Utilities Director to send notice of the hearing to the aggrieved party. The City Manager shall have no obligation to hear any request for appeal filed in excess of thirty (30) days following the denial of the appeal by the Municipal Utilities Director.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S — Effective Oct. 13, 1983)

SEC. 7-091.6. LEGAL ACTION:
If any person discharges sewage, industrial waste or other wastes into the City's wastewater disposal system contrary to the provisions of this Part, Federal or State pretreatment standards or requirements, or any order of the City or any other local governmental agency having regulatory jurisdiction, or otherwise commits any violation contrary to any of the provisions of this Part, the City Attorney may commence an action for appropriate legal, equitable, or injunctive relief in the courts of San Joaquin County.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3690C.S. — Effective Oct.13, 1983)

SEC. 7-091.7. CIVIL PENALTIES:
Any person who violates any provision of any permit issued pursuant to this Part, who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition effluent limitations, national standard of performance, or national pretreatment or toxicity standard or any other order of the Director shall be civilly liable to the City in a sum not to exceed twenty-five thousand ($25,000.00) dollars per violation per day. In addition, the City may require the user to pay any excess costs to the system for supplementary treatment plants, facilities, or operations needed as a result of allowing the entry of such discharges into the collection system and/or treatment works.
The City may petition the Superior Court of San Joaquin County to impose, assess, and collect any sums levied pursuant to this Chapter and Sections 54725, 54739, and 54740, et seq. of the California Government Code. In determining the amount to be recovered, the court shall 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 noncompliance, 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 discharger. Notwithstanding any other provision of law, all civil penalties imposed by the court pursuant to this Paragraph shall be distributed to the City. Remedies imposed pursuant to this Section are in addition to and do not supersede or limit any and all other administrative, civil, or criminal remedies available at law, but no liability shall be recoverable under this Section for any violation for which liability is recovered under Section 7-091.13 of this Part.
(Amended by Ordinance 013-93C.S. — Effective June 10, 1993) (Added by Ordinance 3960C.S — Effective Oct.13, 1983)

SEC. 7-091.8. ADMINISTRATIVE ADJUDICATION AND PENALTIES:
The City may issue an administrative complaint to any person who violates any requirement adopted or ordered by the City pursuant to this Part. The administrative complaint shall allege with particularity, the act or failure to act that constitutes the violation, the Section of the Stockton Municipal Code or wastewater permit provision violated, and the provisions of law authorizing civil liability to be imposed, and the proposed civil penalty, and shall be served by personal delivery or certified mail on the person subject to the discharge requirements. In addition, the administrative complaint shall inform the person served that a hearing before a hearing officer as designated by the City Council shall be conducted within sixty (60) days after the person has been served. Persons aggrieved by the provisions of Section 7-091.4 of this Part may also avail themselves of the administrative adjudication procedures set forth in this and the following Sections. Any person entitled to a hearing to be conducted pursuant to this provision may waive the right to a hearing, in which case the City shall not conduct a hearing.
If after the hearing, if any, it is found that the person affected by the administrative decision has violated reporting or discharge requirements, the hearing officer may assess a civil penalty against the person. In determining the amount of the civil penalty, the hearing officer 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 noncompliance, 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 discharger. Penalties imposed by the local agency pursuant to this Section shall be assessed in accordance with Government Code Section 54740.5.
The amount of any civil penalties imposed pursuant to this Section which have remained delinquent for a period of sixty (60) days may constitute a lien against the real property from which the discharge originated and which resulted in the imposition of the civil penalty. The lien provided herein shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect in priority of a judgment lien and continue for ten (10) years from the time of recording unless sooner released and shall be renewable in accordance with the provisions of Sections 683.110 to 683.220, inclusive, of the California Code of Civil Procedure. All monies collected under this Section shall be deposited in a special account of the City and shall be made available for the monitoring, treatment, and control of discharges into the City's sanitation or sewer system or for other mitigation measures.
(Added by Ordinance 013-93C.S. — Effective June 10, 1993)

SEC. 7-091.9. APPEAL OF ADMINISTRATIVE DECISION:
The City Council hereby delegates the Council's review powers specified in Government Code Section 54740.5 to the City Manager. Any person dissatisfied with the decision of the hearing officer may, within thirty (30) days of the notice of the hearing officer's decision, file a written appeal of such decision with the City Manager. The written appeal shall state with specificity the grounds upon which the appeal is being taken. The review by the City Manager or City Manager's designee shall consist solely of a review of the record of the administrative hearing. Within thirty (30) days of receiving the written appeal, the City Manager shall issue a written decision affirming, modifying, or overruling the decision of the administrative hearing officer. The decision of the City Manager shall be final and binding.
Unless appealed, orders setting administrative penalties shall become effective and final upon issuance thereof and payment shall be made within thirty (30) days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. Any party aggrieved by a final order issued by the City Manager pursuant to this Section may obtain review of the order in the Superior Court by filing in the court a petition for writ of mandate within thirty (30) days following the service of a copy of the decision and order issued by the City Manager. If no aggrieved party petitions for writ of mandate within the time specified above, an order of the City Manager or hearing officer shall not be subject to review by any court or agency pursuant to Section 54740.6 of the California Government Code.
(Added by Ordinance 013-93C.S. — Effective June 10, 1993)

SEC. 7-091.10. RECOVERY OF PENALTIES:
The City may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of Sections 1285 to 1287.6, inclusive, of the California Code of Civil Procedure. No penalty shall be recoverable under this Section for any violation for which civil liability is recovered under Section 7-091.12 of this Part.
(Added by Ordinance 013-93C.S. — Effective June 10, 1993)

SEC. 7-091.11. CRIMINAL PENALTIES:
It shall be unlawful for any person or entity to intentionally or negligently fail to comply with or violate any provisions of this Part or any permit standards or requirements issued pursuant to this Part or by the State, Federal, or other local governmental agency having jurisdictional authority with regard to wastewater treatment or discharge.
(Added by Ordinance 013-93C.S. — Effective June 10, 1993)

SEC. 7-091.12. ENFORCEMENT RESPONSE PLAN:
In accordance with 40 CFR 403.8, the Director or the Director's designated representative shall respond to violations of this Part using the Enforcement Response Plan (ERP) on file with the City of Stockton Department of Municipal Utilities.
(Added by Ordinance 013-93C.S. — Effective June 10, 1993)

SEC. 7-091.13. INCOMPATIBILITY — SEVERABILITY:
To the extent any provision of this Part is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this Part shall take precedence, and all prior ordinances shall be interpreted to harmonize with and not change the provisions of this Part. If any section, subsection, paragraph, sentence, clause, phrase, or word of this Part is declared by a court of competent jurisdiction, adjudicated to a final determination, to be void, this City Council finds that said voided part is severable, and that this City Council would have adopted the remainder of this Part without the severed and voided part, and that the remainder of this Part shall remain in full force and effect.
(Added by Ordinance 013-93C.S. — Effective June 10, 1993)